Information Note on the Court’s case-law No.
February 1991
Santilli v. Italy - 11634/85
Judgment 19.2.1991
Article 6
Article 6-1
Reasonable time
Length of civil proceedings: violation
[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]
I.ARTICLE 6 § 1 OF THE CONVENTION ("reasonable time")
A.Period to be considered
Starting-point: service of summons on defendant.
Close: filing of Court of Appeal's judgment.
Result: approximately six years and nine months.
B.Relevant criteria
Rasonableness of length of proceedings: to be assessed in light of particular circumstances of case, which in this instance called for an overall assessment.
Case somewhat complex and one adjournment due to parties, but between hearings the trial court allowed periods to elapse that were too long and was totally inactive for nearly two years.
Conclusion: violation (unanimously).
II.ARTICLE 1 OF PROTOCOL NO. 1
Conclusion: unnecessary to examine complaint (unanimously).
III.ARTICLE 50 OF THE CONVENTION
A.Damage
Pecuniary damage: claim dismissed.
Non-pecuniary damage: compensation awarded.
B.Costs and expenses
In proceedings before Court: partial reimbursement.
Conclusion: respondent State to pay applicant a specified sum (unanimously).
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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