Information Note on the Court’s case-law 35
October 2001
Sciortino v. Italy - 30127/96
Judgment 18.10.2001 [Section II]
Article 1 of Protocol No. 1
Article 1 para. 1 of Protocol No. 1
Peaceful enjoyment of possessions
Failure of authorities to make full payment in compliance with court judgment: violation
Facts: The applicant obtained an order from the Audit Court in 1993 for payment of additional pension rights. He then instituted compliance proceedings and in 1997 the authorities were ordered to comply with the judgment within 60 days. Part payment was made in May 1998 and a further payment was made in June 1999. However, the applicant claims that a large amount is still outstanding. This is not disputed by the Government.
Law: Article 1 of Protocol No. 1 – The fact that the authorities still owe the applicant sums to which he is entitlted by virtue of a final court decision constitutes an unjustified interference with his right to peaceful enjoyment of his possessions.
Article 41 – The Court awarded the applicant the amount which he is owed by the authorities and also made awards in respect of non-pecuniary damage and costs.
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This summary by the Registry does not bind the Court.
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