FIRST SECTION
DECISION
Application no. 72557/14
Dora SPARANO against Italy
and 3 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 16 May 2024 as a Committee composed of:
Péter Paczolay, President,
Gilberto Felici,
Raffaele Sabato, 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 excessive length of civil proceedings were communicated to the Italian Government (“the Government”). In some of the applications, complaints based on the same facts were also communicated under other provisions of the Convention.
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 payment 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 6 June 2024.
Viktoriya Maradudina Péter Paczolay
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention
(excessive length of civil proceedings)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Other complaints under
well-established case-law
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage
per applicant/household
(in euros)[1]
Amount awarded for costs and expenses per application
(in euros)[2]
72557/14
07/10/2014
Dora SPARANO
1923
Deceased in 2015
Heirs/Household
Luigi BOCCALONE
1964
Annarita BOCCALONE
1967
Massimo BOCCALONE
1973
Boccalone Luigi
Bénévent
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
06/11/2023
16/01/2024
8,400
250
9941/15
13/02/2015
Paolo Ruggero JENNA
1933
Gullotta Fabio
Rome
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
06/11/2023
07/12/2023
7,200
250
25115/15
18/05/2015
Vincenzo DELLA MONICA
1967
Strazzullo Luca
Naples
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
06/11/2023
26/10/2023
4,000
250
5777/17
10/01/2017
Antonio RICCARDI
1968
Strazzullo Luca
Naples
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
06/11/2023
26/10/2023
15,600
250
[1] Plus any tax that may be chargeable to the applicants.
[2] Plus any tax that may be chargeable to the applicants.