NICOLETTI AGAINST ITALY



The Committee of Ministers, under the terms of Article 32 (art. 32) of the

Convention for the Protection of Human Rights and Fundamental Freedoms

(hereinafter referred to as "the Convention"),

Having regard to the report drawn up by the European Commission of Human

Rights in accordance with Article 31 (art. 31) of the Convention relating to the

application lodged on

28 September 1992 by Mr Stefano Nicoletti against Italy (Application No.

21438/93);

Whereas on 18 October 1995 the Commission transmitted the said report to

the Committee of Ministers and whereas the period of three months provided for

in Article 32, paragraph 1 (art. 32-1), of the Convention has elapsed without

the case having been brought before the European Court of Human Rights in

pursuance of Article 48 (art. 48) of the Convention;

Whereas in his application, declared admissible by the Commission on 24

May 1995, the applicant complained of the excessive length of certain civil

proceedings before labour courts;

Whereas in its report adopted on 6 September 1995, the Commission

expressed, unanimously, the opinion that there had been a violation of Article

6, paragraph 1 (art. 6-1), of the Convention;

Whereas, at the 559th meeting of the Ministers' Deputies held on 22 March

1996, the Committee of Ministers, agreeing with the opinion expressed by the

Commission, held, having voted in accordance with the provisions of Article 32,

paragraph 1

(art. 32-1), of the Convention, that there had been in this case a violation of

Article 6, paragraph 1 (art. 6-1), of the Convention,

Authorises the publication of the report adopted by the Commission in this

case;

Decides to pursue the examination of the present case in accordance with

Article 32 (art. 32) of the Convention with a view to adopting the final

resolution.

 

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