FIRST SECTION
DECISION
AS TO THE ADMISSIBILITY OF
Application no. 60661/00
by Nadia ROGAI
against Italy
The European Court of Human Rights (First Section), sitting on 7 May 2002 as a Chamber composed of
MrsF. Tulkens, President,
MrG. Bonello,
MrP. Lorenzen,
MrsN. Vajić,
MrsS. Botoucharova,
MrV. Zagrebelsky,
MrsE. Steiner, judges,
and Mr E. Fribergh, Section Registrar,
Having regard to the above application lodged on 3 April 2000,
Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,
Having deliberated, decides as follows:
THE FACTS
The applicant is an Italian national, born in 1944 and living in Florence. She is represented before the Court by Mr S. Romei, a lawyer practising in Florence.
The facts of the case, as submitted by the parties, may be summarised as follows.
The applicant is the owner of an apartment in Florence, which she had let to M.C.
In a registered letter of 26 October 1992, the applicant informed the tenant that she intended to terminate the lease on expiry of the term on 31 May 1995 and asked her to vacate the premises by that date.
In a writ served on the tenant on 20 November 1992, the applicant reiterated her intention to terminate the lease and summoned the tenant to appear before the Florence Magistrate.
By a decision of 14 December 1992, which was made enforceable on 12 January 1993, the Florence Magistrate upheld the validity of the notice to quit and ordered that the premises be vacated by 31 May 1995.
On 28 November 1994, the applicant made a statutory declaration that she urgently required the premises as accommodation for her son.
On 5 June 1995, the applicant served notice on the tenant requiring her to vacate the premises.
On 21 June 1995, she served notice on the tenant informing her that the order for possession would be enforced by a bailiff on 5 September 1995.
Between 5 September 1995 and 2 May 1999, the bailiff made eleven attempts to recover possession.
Each attempt proved unsuccessful, as the applicant was never granted the assistance of the police in enforcing the order for possession.
Pursuant to Law no. 431/98, on 23 July 1999, the tenant asked the Florence Magistrate to suspend the enforcement proceedings.
On 12 March 2001, the enforcement proceedings were suspended until 2 October 2002.
On 6 April 2001, the applicant served notice on the tenant informing her that the order for possession would be enforced by a bailiff on 2 October 2002.
The applicant has not recovered possession of the apartment.
THE LAW
The applicant complains under Article 1 of Protocol No. 1 to the Convention that her inability to recover possession of her apartment amounted to a violation of the right to property.
The applicant further complains under Article 6 of the Convention about the duration of the eviction proceedings.
The Government argue that the applicant has not exhausted domestic remedies on the grounds that she failed to challenge the refusal of police assistance before the administrative courts.
The Court recalls that it has already dismissed this objection in the Immobiliare Saffi case (see the judgment Immobiliare Saffi v. Italy [GC], no. 22774/93, §§ 40-42, ECHR 1999-V). The Court sees no reason to depart from its previous finding. This objection should therefore be rejected.
The Government maintain that the measures in question amount to a control of the use of property which pursues the legitimate aim of avoiding the social tensions and troubles to public order that would occur if a considerable number of orders for possession were to be enforced simultaneously. In their opinion, the interference with the applicant’s property rights was not disproportionate; therefore, there is no violation of Article 1 of Protocol No. 1.
As to the length of the enforcement proceedings, the Government submit that the delay in granting police assistance is justified on grounds of the order of priorities established according to public-safety requirements. In any event, the Government stress that following the entry into force of Law no. 431 of 9 December 1998, the Prefect is no longer competent to determine the order of priority for the enforcement of the evictions. The date of enforcement should now be set by the District Court.
The Court considers that the application raises complex and serious issues which require a determination on the merits. It follows that it cannot be considered manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. No other ground for declaring the application inadmissible has been established.
For these reasons, the Court unanimously
Declares the application admissible, without prejudging the merits of the case.
Erik FriberghFrançoise Tulkens
RegistrarPresident
Full & Egal Universal Law Academy