INTERIM RESOLUTION DH (97) 599
HUMAN RIGHTS
APPLICATION No. 26426/95
S.B.F. S.P.A. AGAINST ITALY
(Adopted by the Committee of Ministers on 15 December 1997
at the 610th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as "the Convention"),
Having regard to the report drawn up on 21 May 1997 by the European Commission of Human Rights, in accordance with Article 31 of the Convention, relating to the application lodged on 2 November 1993 by S.B.F. S.p.a. against Italy (Application No. 26426/95);
Whereas on 20 June 1997 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, paragraph 1, of the Convention has elapsed without the case having been brought before the European Court of Human Rights in pursuance of Article 48 of the Convention;
Whereas in his application, declared admissible by the Commission on 21 January 1997, the applicant complained of not having benefited from the right of access to a tribunal;
Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention and that it was not necessary to examine the complaint concerning the length of certain proceedings under Article 6, paragraph 1, of the Convention;
Whereas, at the 610th meeting of the Ministers' Deputies the Committee of Ministers, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, and agreed with the opinion expressed by the Commission, held, by decision adopted on 15 December 1997, that there had been in this case a violation of Article 6, paragraph 1, of the Convention,
Authorises the publication of the report adopted by the Commission in this case;
Decides to pursue the examination of the present case, in accordance with Article 32 of the Convention with a view to adopting the final resolution.
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