Published on 24 April 2023
FIRST SECTION
Application no. 28342/21
Daria PRATESI against Italy
and 14 other applications
(see list appended)
communicated on 3 April 2023
SUBJECT MATTER OF THE CASE
The applications concern eviction proceedings instituted by the applicants, owners of leased premises.
In particular, the enforcement of the orders for possession (ordinanze di sfratto) for rent arrears issued in the applicants’ favour was suspended pursuant to emergency legislation enacted in the context of the Covid-19 pandemic, namely Article 103 § 6 of Law Decree no. 18/2020, Article 17-bis of Law Decree no. 34/2020, and Article 40-quarter of Law Decree no. 41/2021. By judgment no. 213/2021, the Constitutional Court dismissed several questions of constitutionality with regard to the above-mentioned provisions.
Under Article 1 of Protocol No. 1 to the Convention, the applicants complain about the disproportionate character of the generalised suspension which did not allow for a consideration of the circumstances of the case and was not balanced by compensatory measures.
Under Article 6 of the Convention (access to a tribunal), they complain about the delay and uncertainty in the enforcement of the judicial orders for possession.
QUESTIONS TO THE PARTIES
1. In the light of the statutory suspension of the enforcement of the orders for possession under the relevant Law Decrees (Law Decree no. 18/2020, Law Decree no. 34/2020 and Law Decree no. 41/2021), did the applicants exhaust all effective domestic remedies, as required by Article 35 § 1 of the Convention? The parties are invited to submit pertinent domestic case-law and/or legal literature on the matter.
2. Did the statutory suspension of the enforcement of the orders for possession impose an excessive and disproportionate burden on the applicants, amounting to a violation of their right to property under Article 1 of Protocol No. 1 (Immobiliare Saffi v. Italy [GC], no. 22774/93, § 59, ECHR 1999-V)?
In answering that question, the parties are asked to comment on:
(i) the duration of the suspension of the enforcement of the orders for possession in their specific cases, taking into account the nature and the issuing date of the orders;
(ii) the evolution and the aims of the legislative framework, taking into consideration the different measures sequentially enacted;
(iii) the compensatory measures of a general or specific nature (i.e. addressed to the general population and/or to landlords subject to the suspension) provided for by the State and applicable to the present cases (see, for example, the exemption from the municipal property tax – “IMU” – under Art. 4-ter of Law-Decree no. 73/2021 converted into Law no. 106/2021).
3. Did the statutory suspension of the enforcement of the orders for possession impose a disproportionate restriction on their right of access to a tribunal under Article 6 § 1 of the Convention (Burdov v. Russia (no. 2), no. 33509/04, § 65-67, ECHR 2009; mutatis mutandis Bozza v. Italy, no. 17739/09, §§ 42-44, 14 September 2017; and Immobiliare Saffi v. Italy [GC], no. 22774/93, §74, ECHR 1999-V)?
REQUEST FOR INFORMATION
1. The applicants are invited to inform the Court of the status of the enforcement of the orders for possession and whether they have benefited from any compensatory measure of a general or specific nature.
2. The Government are invited to provide statistical information on the suspension of the enforcement of the orders for possession and on State aid (i.e. income supports, allowances and tax benefits) provided for and granted in relation to the Covid-19 pandemic and of direct or indirect relevance in the present cases.
3. The parties are invited to describe the Italian legal system addressing the issue of evictions for rent arrears in the context of the Covid-19 pandemic, and to provide elements, also of comparative law (see, for example, the database “Covid-19 Litigation – Open-Access Case Law Database”), on the scope and reasons of this legislative choice.
No.
Application no.
Case name
Introduction date
Applicant’s name
Year of birth
Place of residence
Nationality
Representative’s name
Location
Domestic court / file number
Date of the order for possession
Date of enforceability[1]
1.
28342/21
Pratesi v. Italy
27/05/2021
Daria PRATESI
1977
Rome
Italian
Federico MARINI BALESTRA
Rome
Rome District Court,
R.G. 61705/2020
15/12/2020
04/01/2021
2.
29227/21
Triggiani v. Italy
01/06/2021
Rossella TRIGGIANI
1957
Noicattaro
Italian
Domenico ROMITO
Bari
Bari District Court,
R.G. 1222/2020
09/12/2020
29/01/2021
3.
31518/21
Candeloro v. Italy
08/06/2021
Sabatino CANDELORO
1943
Rome
Italian
Paolo DE SANCTIS MANGELLI
Rome
Rome District Court,
R.G. 46844/19
04/10/2019
14/10/2019
4.
33965/21
Pellizzari v. Italy
22/06/2021
Liliana Amabile Teresa PELLIZZARI
1948
Cinisello Balsamo
Italian
Bruno NASCIMBENE
Milan
Monza District Court,
R.G. 7867/2019
05/09/2019
05/10/2019
5.
40354/21
Mazzeo v. Italy
30/07/2021
Mariateresa MAZZEO
1943
Rome
Italian
Paolo DE SANCTIS MANGELLI
Rome
Rome District Court,
R.G. 62774/2019
04/03/2020
24/03/2020
6.
57194/21
Gianciotta v. Italy
11/11/2021
Luigi GIANCIOTTA
1957
Statte
Italian
Carlo GAMBA
Rome
Taranto District Court,
R.G. 5629/19
17/12/2019
16/01/2020
7.
57196/21
Costanza and Wawrzynska v. Italy
11/11/2021
Household
Leonardo COSTANZA
1979
Bari
Italian
Magdalena Anna WAWRZYNSKA
1979
Bari
Polish
Carlo GAMBA
Rome
Bari District Court,
R.G. 8422/2020
09/10/2020
24/11/2020
8.
57199/21
Querzoli v. Italy
11/11/2021
Paola QUERZOLI
1979
Sasso Marconi
Italian
Carlo GAMBA
Rome
Forlì District Court,
R.G. 2499/2020
12/01/2021
12/03/2021
9.
57200/21
Ciani v. Italy
11/11/2021
Antonella CIANI
1959
Rome
Italian
Carlo GAMBA
Rome
Rome District Court,
R.G. 6630/2020
07/09/2020
07/01/2021
10.
57915/21
Calicchio v. Italy
11/11/2021
Giuseppe Nicola CALICCHIO
1985
Sassuolo
Italian
Carlo GAMBA
Rome
Reggio Emilia District Court,
R.G. 5602/2020
17/12/2020
17/02/2021
11.
57916/21
Sanguinetti v. Italy
11/11/2021
Maria Roberta SANGUINETTI
1979
Vimodrone
Italian
Carlo GAMBA
Rome
Busto Arsizio District Court,
R.G. 4510/2019
12/12/2019
12/01/2020
12.
57917/21
Mazzetti and Ajello v. Italy
11/11/2021
Household
Marco MAZZETTI
1946
Rome
Italian
Annalisa AJELLO
1952
Rome
Italian
Carlo GAMBA
Rome
Rome District Court,
R.G. 74271/2019
04/03/2020
04/04/2020
13.
57919/21
Treccani and Bianchi v. Italy
11/11/2021
Household
Riccardo TRECCANI
1943
Serle
Italian
Margherita BIANCHI
1946
Serle
Italian
Carlo GAMBA
Rome
Brescia District Court,
R.G. 2521/2020
13/10/2020
13/11/2020
14.
60687/21
Riello v. Italy
03/12/2021
Vittorio RIELLO
1939
Castel Morrone
Italian
Nadia RIELLO
Caserte
Santa Maria Capua Vetere District Court, R.G. 2877/2020
06/10/2020
03/01/2021
15.
17163/22
Rosa v. Italy
24/03/2022
Giuseppe Michele ROSA
1963
Rome
Italian
Peter PARLAPIANO
Rome
Rome District Court, R.G. 67792/2019
19/11/2019
22/11/2019
(Enforced on 29/09/2021)
[1] Date by which the order for possession requires the premises to be vacated and from which the order for possession may be enforced.