FIRST SECTION
DECISION
Application no. 11223/13
SOCIETA’ FAMARC ZABBAN S.P.A.
against Italy
and 6 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 10 November 2022 as a Committee composed of:
Krzysztof Wojtyczek, President,
Ivana Jelić,
Erik Wennerström, 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 formal declarations accepting a friendly settlement of the cases,
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 concerning the non-enforcement or delayed enforcement of domestic decisions were communicated to the Italian Government (“the Government”). In some applications complaints based on the same set of facts were also communicated to the Government (see appended table below).
The Court received the friendly-settlement declarations, signed by the parties, under which the applicants agreed to waive any further claims against Italy in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will 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 undertake 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 Government also undertake to ensure the enforcement of the domestic decisions under consideration in the cases concerned (see appended table) within the same three-month period, and to pay any costs of the domestic enforcement proceedings.
The payment and the enforcement of the domestic decisions in the cases concerned will constitute the final resolution of the cases.
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 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 a 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 1 December 2022.
Viktoriya Maradudina Krzysztof Wojtyczek
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention
(non-enforcement or delayed enforcement of domestic decisions)
No.
Application no.
Date of introduction
Applicant’s name
Year of registration
Representative’s name and location
Other complaints under
well-established case-law
Relevant
domestic
decision
Domestic
court order
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage
per applicant
(in euros)[1]
Amount awarded for costs and expenses per application
(in euros)[2]
11223/13
26/01/2013
SOCIETA’ FAMARC ZABBAN S.P.A.
1938
Comini Stefania
Florence
Salerno District
Court injunction order
no. 574/10, 25/01/2010
Salerno District Court
injunction order
no. 2420/10, 18/03/2010
Salerno District
Court injunction order
no. 3844/10, 27/05/2010
Local health authority
of Salerno (Azienda
Sanitaria Locale).
Payment of sums as
reimbursement for services
provided by the applicant
company.
21/09/2022
15/06/2022
12,500
250
18863/20
28/04/2020
FARMACIA PARRILLA S.R.L.
2019
Verri Francesco
Crotone
Prot. 1 Art. 1 - lack of or delayed payment of a debt by State authorities
Crotone District Court
R.G. 2119/2016, 28/12/2016
Local health authority
of Crotone (Azienda
Sanitaria Provinciale).
Payment of sums as
reimbursement for services
provided by the applicant
company.
21/09/2022
13/06/2022
9,600
250
25739/20
19/06/2020
CAI SERVICE S.P.A.
1988
Verri Francesco
Crotone
Prot. 1 Art. 1 - lack of or delayed payment of a debt by State authorities
Crotone District Court
R.G. 2250/2014,
27/01/2015
Local health authority
of Reggio Calabria
(Azienda
Sanitaria Provinciale).
Payment of sums as
reimbursement for services
provided by the applicant
company.
21/09/2022
13/06/2022
9,600
250
29987/20
07/07/2020
LABORATORIO ANALISI CLINICHE ALTOMARI S.R.L.
1992
Verri Francesco
Crotone
Prot. 1 Art. 1 - lack of or delayed payment of a debt by State authorities
Crotone District Court
R.G. 2143/2016,
21/02/2019
Crotone District Court
R.G. 963/2019, 19/06/2019
Local health authority
of Crotone (Azienda
Sanitaria Provinciale).
Payment of sums as
reimbursement for services provided by the applicant
company.
21/09/2022
16/09/2022
6,200
250
40888/20
07/09/2020
PASTEUR S.R.L. UNIPERSONALE
1983
Verri Francesco
Crotone
Prot. 1 Art. 1 - lack of or delayed payment of a debt by State authorities
Crotone District Court
R.G. 391/2015, 22/10/2015
Crotone District Court
R.G. 721/2015, 21/09/2017
Local health authority
of Crotone (Azienda
Sanitaria Provinciale).
Payment of sums as
reimbursement
for services provided by
the applicant company.
21/09/2022
13/09/2022
12,500
250
40890/20
07/09/2020
BIOLAB S.A.S. DI PUGLIESE FABRIZIO & C.
1983
Verri Francesco
Crotone
Prot. 1 Art. 1 - lack of or delayed payment of a debt by State authorities
Cosenza District Court,
Injunction order
R.G. 673/2012, 07/05/2012
Local health authority
of Cosenza (Azienda
Sanitaria Provinciale).
Payment of sums as
reimbursement for services
provided by the applicant
company.
21/09/2022
13/09/2022
9,600
250
41116/20
07/09/2020
POLISPECIALISTICA BIOS S.R.L.
1982
Verri Francesco
Crotone
Prot. 1 Art. 1 - lack of or delayed payment of a debt by State authorities
Crotone District Court
R.G. 1905/2015,
17/07/2015
Crotone District Court
R.G.1282/2015,
18/08/2015
Crotone District Court
R.G.1654/2017,
28/11/2017
Crotone District Court
R.G. 2358/2016,
11/12/2017
Crotone District Court
R.G. 2357/2019,
29/05/2020
Local health authority
of Crotone (Azienda
Sanitaria Provinciale).
Payment of sums as
reimbursement for services
provided by the applicant
company.
21/09/2022
13/09/2022
12,500
250
[1] Plus any tax that may be chargeable to the applicants.
[2] Plus any tax that may be chargeable to the applicants.