FIRST SECTION
DECISION
Application no. 39132/22
Vincenzo SARCINA against Italy
and 2 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 14 September 2023 as a Committee composed of:
Krzysztof Wojtyczek, President,
Lətif Hüseynov,
Ivana Jelić, 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 declaration submitted by the respondent Government requesting the Court to strike the applications out of the list of cases, and the applicants’ replies to this declaration,
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 delayed enforcement of “Pinto” domestic decisions were communicated to the Italian Government (“the Government”).
The Government submitted a declaration with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications.
The Government acknowledged the delayed enforcement of “Pinto” domestic decisions. They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the 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 the cases.
The applicants informed the Court that they agreed to the terms of the declaration.
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 Court finds that, following the applicants’ express agreement to the terms of the declaration made by the Government, the cases should be treated as a friendly settlement between the parties.
It therefore takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify the continued examination of the applications.
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;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 5 October 2023.
{signature_p_1} {signature_p_2}
Viktoriya Maradudina Krzysztof Wojtyczek
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1
(non-enforcement or delayed enforcement of “Pinto” domestic decisions)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Relevant domestic
decision
Date of receipt of Government’s declaration
Date of receipt of applicant’s acceptance
Amount awarded for non-pecuniary damage
per applicant
(in euros)[1]
Amount awarded for costs and expenses per application
(in euros)[2]
39132/22
26/07/2022
Vincenzo SARCINA
1934
Menduni Matteo
Foggia
Lecce Court of
Appeal, R.G.
1222/2012,
17/11/2014
05/04/2023
10/05/2023
200
30
39134/22
26/07/2022
Sabina CURCI
1940
Menduni Matteo
Foggia
Lecce Court of
Appeal, R.G.
1221/2012,
17/11/2014
05/04/2023
10/05/2023
200
30
46675/22
21/09/2022
Antonio D’ONOFRIO
1951
Pacifico Erminio Angiolino
San Bartolomeo in Galdo
Naples Court of
Appeal, R.G.
1091/2020,
19/01/2021
05/04/2023
20/04/2023
200
30
[1] Plus any tax that may be chargeable to the applicants.
[2] Plus any tax that may be chargeable to the applicants.