FIRST SECTION
DECISION
This version was rectified on 31 August 2023
under Rule 81 of the Rules of Court.
Application no. 24735/16
Cecilia RULLO against Italy
and 29 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 4 May 2023 as a Committee composed of:
Alena Poláčková, President,
Gilberto Felici,
Raffaele Sabato, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the application of retrospective legislation (Article 1 § 218 of Law no. 266/2005 of 23 December 2005) to pending national proceedings were communicated to the Italian Government (“the Government”).
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The Government informed the Court that they proposed to make unilateral declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications in accordance with Article 37 of the Convention.
The Government acknowledged the violation of Article 6 § 1 of the Convention and that of Article 1 of Protocol No. 1.
With regard to the applicants C. Rullo, G. Annecchini, D. D’Antonio, S. Gargrella, M.C. Giacomucci, V.C. Di Marzio, D.O. Di Biase, P. D’Ippolito, A. Bronzo, R. Nardone, B.D. Marchegiano, G. D’Amico, A. Spaventa, M.P. Ricci, N. D’Andrea, E. Manzi, C.A. Merlo, P. Cecchetto, M.L. Malin[1] and F. Romano, the Government offered to pay them the amounts detailed in the appended table and invited the Court to strike their applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amounts would be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertook to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
The payment will constitute the final resolution of these cases.
With regard to the applicants[2] E. Campanella, L.M.L. Scaglione, E. Garato, L. Calore, F. Volpe, L. Brusco, P. Briatore, R. Barbiero, C. Bertani, C. Aonzo, A. Barabino, L. Bargnolo, M. Agamennone, L. Benini, S. Andrioli, A. Lavezzo, G. Tagliari, G. Tosi, A. Sontuoso, R. Fioratto, A. Vernizzi, R. Biancardi, C. Tumiatti, M. Toniolo, M.C. Enricio, C. Derni, P. Finesso, A.M. Ciatto (heir: Cecchinato), R. Passudetti, G. Sbrizza, R. Crivellaro, M. Toniolo, R. Zorzetto, A. Carpesio, G. Galliani, G. Agnolin, S. Benato, F. Meneghini, G. Tomanin, E. Contin, R. Bon, R. Campagnolo, O. Sartore, M. Ferronato and L. Cattozzo the Government offered not to proceed with the recovery of 40% of the sums paid to these applicants in execution of the first-instance judgments later reversed on appeal following the application of Article 1 § 218 of Law no. 266/2005 of 23 December 2005.
The Court also notes that the Government proposed to award each applicant 30 (thirty) euros (EUR) for costs and expenses.
The applicants were sent the terms of the Government’s unilateral declarations several weeks before the date of this decision. The Court has not received a response from the applicants accepting the terms of the declarations.
The Court firstly notes that there was no objection from the Government, and it also accepts, that the heir of Ms A.M. Ciatto (see attached table) has standing to continue the proceedings in the late applicant’s stead.
The Court further observes that Article 37 § 1 (c) enables it to strike a case out of its list if:
“... for any other reason established by the Court, it is no longer justified to continue the examination of the application”.
Thus, it may strike out applications under Article 37 § 1 (c) on the basis of a unilateral declaration by a respondent Government even if the applicants wish the examination of the cases to be continued (see, in particular, the Tahsin Acar v. Turkey judgment (preliminary objections) [GC], no. 26307/95, §§ 75‑77, ECHR 2003-VI).
The Court has established clear and extensive case-law against Italy emphasising that the adoption of Law no. 266/2005 which definitively and retroactively settled the merits of the pending dispute between the applicants and the State and rendered futile any continuation of the proceedings was not justified by overriding reasons of general interest (see, for example, Cicero and Others v. Italy, nos. 29483/11 and 4 others, §§ 31-33, 30 January 2020; De Rosa and Others v. Italy, nos. 52888/08 and 13 others, §§ 48-54, 11 December 2012; and Agrati and Others v. Italy, nos. 43549/08, 6107/09 and 5087/09, §§ 59-66, 7 June 2011). When the Court found a violation of Article 6 § 1 of the Convention, it considered that the applicants had suffered a real loss of opportunity and that, consequently, the violations found were likely to have caused the applicants material damage. As to non-pecuniary damage, the Court considered that the finding of a violation constituted in itself just satisfaction for the non-pecuniary damage suffered by the applicants (see De Rosa and Others, cited above, §§ 60-62).
Noting the admissions contained in the Government’s declarations as well as the amount of compensation proposed – which is consistent with the amounts awarded in similar cases – the Court considers that it is no longer justified to continue the examination of the applications (Article 37 § 1 (c)).
In the light of the above considerations, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the applications (Article 37 § 1 in fine).
Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declarations, the applications may be restored to the list in accordance with Article 37 § 2 of the Convention (see Josipović v. Serbia (dec.), no. 18369/07, 4 March 2008).
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Finds that the heir of the late applicant, Ms A.M. Ciatto, has standing to pursue the proceedings before the Court in her stead (for further details see the appended table);
Takes note of the terms of the respondent Government’s declarations and of the arrangements for ensuring compliance with the undertakings referred to therein;
Decides to strike the applications out of its list of cases in accordance with Article 37 § 1 (c) of the Convention.
Done in English and notified in writing on 25 May 2023.
Viktoriya Maradudina Alena Poláčková
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention
(legislative interference)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Date of receipt of the Government’s declaration
Date of receipt of the applicant’s comments, if any
Amount awarded for pecuniary and non-pecuniary damage per
applicant
(in euros)[1]
Amount awarded for costs and expenses per applicant
(in euros)[2]
24735/16
26/04/2016
Cecilia RULLO
1955
Merlino Elisabetta
Lanciano
31/01/2023
11/03/2023
6,288
30
24775/16
26/04/2016
Giuseppe ANNECCHINI
1957
1,202.88
25743/16
30/04/2016
Donato D’ANTONIO
1951
4,767.22
25750/16
30/04/2016
Sergio GARGRELLA
1951
752.48
25753/16
30/04/2016
Maria Cristina GIACOMUCCI
1960
8,740.26
25956/16
03/05/2016
Franca ROMANO
1960
5,532.80[3]
29770/16
19/05/2016
Velia Cristina DI MARZIO
1947
5,966.66
44720/18
14/09/2018
Donato Ottavio DI BIASE
1938
2,473.29
44724/18
14/09/2018
Pina D’IPPOLITO
1961
6,094.42
44726/18
14/09/2018
Alessandro BRONZO
1961
4,636.77
45910/18
26/09/2018
Rosanna NARDONE
1952
3,934.14
45913/18
14/09/2018
Biagio Donato MARCHEGIANO
1952
752.48
24043/19
24/04/2019
Gabriella D’AMICO
1945
Salvatore Gabriele
Chieti
06/03/2023
10,652.06
24793/19
02/05/2019
Elvira CAMPANELLA
1952
-
25208/19
29/04/2019
Antonina SPAVENTA
1943
16,916.29
25216/19
29/04/2019
Maria Pia RICCI
1958
5,061.34
27807/19
16/05/2019
Leda Maria Loredana SCAGLIONE
1949
-
27988/19
16/05/2019
Nicola D’ANDREA
1954
11,400.14
27990/19
16/05/2019
Enio MANZI
1948
6,535.43
30650/19
29/05/2019
(21 applicants)
Matteo TONIOLO
1982
Zampieri Nicola
Schio
10/03/2023
-
Maria Cristina ENRICIO
1966
-
Carlo DERNI
1944
-
Paolo FINESSO
1957
-
Anna Maria CIATTO
1953
Deceased in 2021
Heir:
Nedda CECCHINATO
1979
-
Raffaella PASSUDETTI
1968
-
Gianni SBRIZZA
1967
-
Rosanna CRIVELLARO
1948
-
Marco TONIOLO
1974
-
Renato ZORZETTO
1965
-
Angela CARPESIO
1968
-
Giulio GALLANI
1954
-
Giorgio AGNOLIN
1956
-
Sandro BENATO
1959
-
Francesco MENEGHINI
1956
-
Giampaolo TOMANIN
1957
-
Enrico CONTIN
1959
-
Renato BON
1945
-
Renato CAMPAGNOLO
1951
-
Orfeo SARTORE
1954
-
Maria FERRONATO
1955
-
23252/21
23/04/2021
Liliana CATTOZZO
1950
-
52069/21
30/09/2021
Maria Luisa MALIN
1951
2,688.5
42368/19
26/07/2019
(3 applicants)
Emanuela GARATO
1959
Romano Giovanni
Bénévent
13/03/2023
-
Patrizia CECCHETTO
1960
9,242.4
Carlo Alberto MERLO
1954
34,980.79
42374/19
26/07/2019
Fabio VOLPE
1946
-
Carla TUMIATTI
1958
-
42376/19
26/07/2019
Lores BRUSCO
1954
-
42489/19
26/07/2019
(5 applicants)
Livio BENINI
1953
-
Sabrina ANDRIOLI
1971
-
Aida LAVEZZO
1947
-
Giuseppe TAGLIARI
1958
-
Gianpaolo TOSI
1964
-
43936/19
26/07/2019
(3 applicants)
Alessandro SONTUOSO
1963
-
Riccardo FIORATTO
1965
-
Adamo VERNIZZI
1948
-
43667/19
07/08/2019
Lello CALORE
1944
Sullam Isacco
Milan
13/03/2023
-
43703/19
07/08/2019
(7 applicants)
Piero BRIATORE
1950
-
Rodolfo BARBIERO
1949
-
Carlo BERTANI
1951
-
Claudio AONZO
1942
-
Adolfo BARABINO
1946
-
Luisa BARGNOLO
1960
-
Maurizio AGAMENNONE
1954
-
47248/19
02/09/2019
Roberto BIANCARDI
1946
Biancardi Serena
Este
13/03/2023
-
[1] Rectified on 31 August 2023: “and” has been removed before “M.L. Malin” and “and F. Romano” has been added after “M.L. Malin”.
[2] Rectified on 31 August 2023: “F. Romano” has been deleted.
[3] Rectified on 31 August 2023: “5,532.80” has been added.
[1] Plus any tax that may be chargeable to the applicants
[2] Plus any tax that may be chargeable to the applicants