INTERIM RESOLUTION DH (97) 41
HUMAN RIGHTS
APPLICATION No. 27160/95
PASSARELLA AGAINST ITALY
(Adopted by the Committee of Ministers on 28 January 1997
at the 582nd meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 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 on 16 April 1996 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 25 May 1993 by Mr Massimo Passarella against Italy (Application No. 27160/95);
Whereas on 31 May 1996 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, of the Convention has elapsed without the case having been brought before the European Court of Human Rights in pursuance of Article 48 of the Convention;
Whereas in his application, as declared admissible by the Commission on 23 January 1996, the applicant complained of the excessive length of certain civil proceedings;
Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention and that it was not necessary to examine whether there had been a breach of Articles 14 and 8 of the Convention and Article 2 of Protocol No. 4;
Whereas at the 582nd meeting of the Ministers' Deputies, the Committee of Ministers, agreeing with the opinion expressed by the Commission, held, by a decision adopted on 28 January 1997, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, that there had been in this case a violation of Article 6, paragraph 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 of the Convention with a view to adopting the final resolution.
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