SCHIAVO S.R.L. v. ITALY qnd 3 other qpplicqtions

Published on 12 May 2025

FIRST SECTION

Application no. 60258/13
SCHIAVO S.R.L. against Italy
and 3 other applications
(see list appended)
communicated on 22 April 2025

SUBJECT MATTER OF THE CASES

The applications concern the adequacy of remedies in domestic law for complaints regarding the excessive duration of legal proceedings (see the appended table for details). Article 2-bis § 3 of Law no. 89 of 24 March 2001 (as amended by Law no. 134 of 7 August 2012), commonly referred to as the “Pinto Act”, stipulates that “the amount of damages [...] may in no case exceed the value of the claim or, if lower, the value of the claim as determined by the court”.

Invoking Articles 6 and 13 of the Convention, the applicants complain of the excessive length of the domestic proceedings and of the absence of an effective remedy to provide them with appropriate compensation.

QUESTIONS TO THE PARTIES

1.  Was the length of the domestic proceedings in the present applications in breach of the “reasonable time” requirement of Article 6 § 1 of the Convention? If so, can the compensation awarded by the domestic courts be considered sufficient, in consideration of the statutory limit to compensation equivalent to the value of the litigation as determined by the domestic courts (see, among many others, Cocchiarella v. Italy [GC], no. 64886/01, ECHR 2006-V)?

2.  With regard to the limit of the possible compensation established by Article 2-bis § 3 of Law no. 89 of 24 March 2001, did the applicants have at their disposal, as required by Article 13 of the Convention, an effective domestic remedy through which they could have been adequately compensated for the alleged excessive length of the procedure?

3.  Concerning application no. 60258/13, would an application to the domestic courts under Law no. 89 of 24 March 2001 have constituted an effective remedy under Article 13 of the Convention (see, mutatis mutandis, Olivieri and Others v. Italy, nos. 17708/12 and 3 others, §§ 35 and 70-71, 25 February 2016, and Vučković and Others v. Serbia (preliminary objection) [GC], nos. 17153/11 and 29 others, §§ 71-77, 25 March 2014)?

APPENDIX

List of applications

No.

Application no.

Case name

Lodged on

Applicant

Year of birth
Place of Residence
Nationality

Represented by

Length of domestic proceedings

“Pinto” proceedings

Domestic award

(In euros)

1.

60258/13

Schiavo S.r.l. v. Italy

28/06/2013

SCHIAVO S.R.L.
Schio
Italian

Luigi SCHIAVO

- Appeal to the Court of Cassation lodged on 30/01/2007

- Court of Cassation – R.G. 6119/2007 – judgment of 28/12/2012

- Length: 5 years, 10 months, 28 days

None

None

2.

44596/18

Andreani v. Italy

12/09/2018

Egidio ANDREANI
1942
Cattolica
Italian

Piero GUALTIERI

1) Application to the District Court of Pesaro lodged on 05/02/1998

- District Court of Pesaro – R.G. 391/1998 – judgment of 05/09/2002

2) Appeal to the Court of Appeal of Ancona lodged on 02/10/2006

- Court of Appeal of Ancona – R.G. 953/2006 – judgment of 19/07/2012

- Length: 14 years, 5 months, 14 days

Application lodged on 05/06/2013

Court of Appeal of L’Aquila – R.G. 220/2013 V.G. – Decree of 25/03/2014

Court of Appeal of L’Aquila (upon opposition) – R.G. 135/2014 V.G. – Decree of 18/05/2016

Court of Cassation – R.G. 17902/2016 – Judgment of 16/04/2018

EUR 2,953.22

3.

13410/23

Miglietta v. Italy

21/03/2023

Vincenzo MIGLIETTA
1943
Statte
Italian

Mario ROCCAFORTE

1) Application to the Labour Court of Taranto lodged on 11/02/2000

- Labour Court of Taranto – R.G. 2373/2000 – judgment of 16/02/2009

2) Appeal to the Court of Appeal of Lecce lodged on 29/03/2010

- Court of Appeal of Lecce – R.G. 253/2010 – judgment of 12/02/2015

3) Appeal to the Cort of Cassation lodged on 06/07/2015

- Court of Cassation – R.G. 17448/2015 – judgment of 16/01/2020

- Length: 19 years, 11 months, 5 days

Application lodged on 12/10/2020

Court of Appeal of Lecce – R.G. 482/2020 V.G. – Decree of 21/11/2020

Court of Appeal of Lecce (upon opposition) – R.G. 670/2020 V.G. – Decree of 11/11/2021

Court of Cassation – R.G. 11515/2022 – Judgment of 17/01/2023

EUR 655.89

4.

36375/24

Aguiari and Others v. Italy

22/11/2024

Alessandro AGUIARI
1964
Firenze
Italian

Maria CASORIA
1956
Sesto Fiorentino
Italian

Gandolfo CURCIO
1977
Certaldo
Italian

Leonardo FURNARI
1947
Sesto Fiorentino
Italian

Silvia GUARNIERI
1962
Larciano
Italian

Elvio LIBBRA
1952
Colle Di Val D’elsa
Italian

Nenad MILOSAVLJEVIC
1964
Ponte Buggianese
Italian

Maurizio PINELLI
1949
Rufina
Italian

Nora SARDELLI
1962
Calenzano
Italian

Andrea SACCUCCI

1) Executive admission of the applicants’ credits to bankruptcy proceedings before the District Court of Prato – R.F. 3371/1998 – of 20/05/1999

2) Decree closing the bankruptcy proceedings with final distribution of 19/02/2020

- Length: 20 years, 8 months, 30 days

Application lodged on 08/12/2020

Court of Appeal of Florence – R.G. 764/2020 V.G. – Decree of 19/01/2021

Court of Appeal of Florence (upon opposition) – R.G. 45/2021 V.G. – Decree of 22/06/2021

Court of Cassation – R.G. 2874/2022 – Judgment of 23/07/2024