The Committee of Ministers, under the terms of Article 32 (art. 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 by the European Commission of Human
Rights in accordance with Article 31 (art. 31) of the Convention relating to the
application lodged on
22 January 1991 by a company, Société Laterplatani S.p.A, against Italy
(Application No. 17892/91);
Whereas on 29 June 1994 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 (art. 32-1), of the Convention has elapsed without the
case having been brought before the European Court of Human Rights in pursuance
of Article 48 (art. 48) of the Convention;
Whereas in its application, declared admissible by the Commission on 8
March 1994, the applicant company complained of the excessive length of certain
civil proceedings;
Whereas in its report adopted on 17 May 1994, the Commission expressed,
unanimously, the opinion that there had been a violation of Article 6, paragraph
1 (art. 6-1), of the Convention;
Whereas, at the 519th meeting of the Ministers' Deputies held on 20
October 1994, the Committee of Ministers, agreeing with the opinion expressed by
the Commission, held, having voted in accordance with the provisions of Article
32, paragraph 1
(art. 32-1), of the Convention, that there had been in this case a violation of
Article 6, paragraph 1 (art. 6-1), of the Convention;
Whereas the Committee of Ministers examined the proposals made by the
Commission when transmitting its report as regards just satisfaction to be
awarded to the applicant company, proposals supplemented by a letter of the
President of the Commission dated 27 October 1994;
Whereas, at the 527th meeting of the Deputies held on
7 February 1995, the Committee of Ministers decided, in accordance with Article
32, paragraph 2 (art. 32-2), of the Convention, that the Government of Italy was
to pay the applicant company as just satisfaction, within three months, 4 000
000 Italian lire in respect of non-pecuniary damage and 1 500 000 Italian lire
in respect of costs and expenses, namely a total sum of
5 500 000 Italian lire;
Whereas the Committee of Ministers invited the Government of Italy to
inform it of the measures taken following its decisions of 20 October 1994 and 7
February 1995, having regard to Italy's obligation under Article 32, paragraph 4
(art. 32-4), of the Convention to abide by them;
Whereas the Government of Italy recalled that measures had already been
taken to prevent the repetition of the violation found in this case, through
notably the entry into force on 30 April and 1 May 1995 of two laws
restructuring the civil courts and speeding up the proceedings in civil cases
(see Resolution DH (95) 82 in the case of Zanghì against Italy);
Whereas the Committee of Ministers satisfied itself that on
17 January 1996 the Government of Italy paid the applicant company the total sum
of 5 500 000 Italian lire as just satisfaction,
Declares, having taken note of the measures taken by the Government of
Italy, that it has exercised its functions under Article 32 (art. 32) of the
Convention in this case;
Authorises the publication of the report adopted by the Commission in this
case.
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