OWENS BANK LTD 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

12 October 1989 by the company Owens Bank Ltd. against Italy

(Application No. 15832/89);

     Whereas on 25 February 1994 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, as declared admissible by the

Commission on 1 September 1993, the applicant company complained of

the excessive length of certain criminal proceedings combined with

civil action for damages;

     Whereas in its report adopted on 11 January 1994 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 517th meeting of the Ministers' Deputies held

on 21 September 1994, 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;

     Whereas the Committee of Ministers examined the proposals made

by the Commission when transmitting its report as regards just

satisfaction to be awarded to the applicant company, proposals

supplemented by a letter of the President of the Commission dated

20 May 1994;

     Whereas, at the same meeting of the Deputies the Committee of

Ministers decided, in accordance with Article 32, paragraph 2

(art. 32-2), of the Convention, that the Government of Italy was to

pay the applicant company as just satisfaction, within three

months, 1 000 000 Italian lire in respect of non-pecuniary damage

and 1 000 000 Italian lire in respect of costs and expenses, namely

a total sum of 2 000 000 Italian lire;

     Whereas the Committee of Ministers invited the Government of

Italy to inform it of the measures taken following its decision of

21 September 1994, having regard to Italy's obligation under

Article 32, paragraph 4 (art. 32-4), of the Convention to abide by

it;

     Whereas the Government of Italy reiterated before the

Committee of Ministers that the reforms already adopted - the entry

into force on 24 October 1989 of the new Code of Criminal

Procedure, the internal reforms carried out by the Court of

Cassation and the increase of the budgetary appropriations in order

to finance urgent measures in support of information systems and

the structures, means and services of the administration of

justice - should ensure that in the future criminal proceedings

will lead to judgments delivered within a reasonable time within

the meaning of Article 6 (art. 6) of the Convention (see, inter

alia, Resolutions DH (92) 54 and DH (94) 41);

     Whereas the Committee of Ministers satisfied itself that

on 6 April 1995 the Government of Italy paid the applicant company

the total sum of 2 000 000 Italian lire as just satisfaction,

     Declares, having taken note of the measures taken by the

Government of Italy, that it has exercised its functions under

Article 32 (art. 32) of the Convention in this case;

     Authorises the publication of the report adopted by the

Commission in this case.

 

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