FIRST SECTION
DECISION
Application no. 52748/22
Maria Rosaria STRAZZULLO against Italy
and 4 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 14 September 2023 as a Committee composed of:
Krzysztof Wojtyczek, President,
Lətif Hüseynov,
Ivana Jelić, 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 declaration submitted by the respondent Government requesting the Court to strike the applications out of the list of 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 and Article 1 of Protocol No. 1 concerning the non-enforcement or delayed enforcement of “Pinto” domestic decisions were communicated to the Italian Government (“the Government”).
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 Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications in accordance with Article 37 of the Convention.
The Government acknowledged the non-enforcement or delayed enforcement of “Pinto” domestic decisions. They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amounts would 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 undertook 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 undertook to ensure within the same period the execution of the domestic court decisions at issue in the case, and to bear any costs related to the national enforcement procedure.
The payment and the enforcement of the final domestic decisions, where relevant, will constitute the final resolution of the case.
The applicants were sent the terms of the Government’s unilateral declaration several weeks before the date of this decision. The Court has not received a response from the applicants accepting the terms of the declaration.
The Court observes that Article 37 § 1 (c) enables it to strike a case out of its list if:
“... for any other reason established by the Court, it is no longer justified to continue the examination of the application”.
Thus, it may strike out applications under Article 37 § 1 (c) on the basis of a unilateral declaration by a respondent Government even if the applicants wish the examination of the cases to be continued (see, in particular, the Tahsin Acar v. Turkey judgment (preliminary objections) [GC], no. 26307/95, §§ 75‑77, ECHR 2003-VI).
The Court has established clear and extensive case-law concerning complaints relating to the non-enforcement or delayed enforcement of “Pinto” domestic decisions (see, for example, Gaglione and Others v. Italy, nos. 45867/07 and others, 21 December 2010 and Gagliano Giorgi v. Italy, no. 23563/07, 6 March 2012).
Noting the admissions contained in the Government’s declaration as well as the amount of compensation proposed – which is consistent with the amounts awarded in similar cases – the Court considers that it is no longer justified to continue the examination of the applications (Article 37 § 1 (c)).
In the light of the above considerations, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the applications (Article 37 § 1 in fine).
Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declaration, the applications may be restored to the list in accordance with Article 37 § 2 of the Convention (see Josipović v. Serbia (dec.), no. 18369/07, 4 March 2008).
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;
Takes note of the terms of the respondent Government’s declaration and of the arrangements for ensuring compliance with the undertakings referred to therein;
Decides to strike the applications out of its list of cases in accordance with Article 37 § 1 (c) of the Convention.
Done in English and notified in writing on 5 October 2023.
Viktoriya Maradudina Krzysztof Wojtyczek
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1
(non-enforcement or delayed enforcement of “Pinto” domestic decisions)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Relevant domestic
decision
Date of receipt of Government’s declaration
Date of receipt of applicant’s comments
Amount awarded for
non-pecuniary damage
per applicant
(in euros)[1]
Amount awarded for costs and expenses
per application
(in euros)[2]
52748/22
27/10/2022
Maria Rosaria STRAZZULLO
1943
Liguori Michele
Naples
Naples Court of Appeal,
R.G. 2175/2018,
08/02/2019
05/07/2023
03/08/2023
200
30
54314/22
18/11/2022
Carmine ESPOSITO
1954
Liguori Michele
Naples
Naples Court of Appeal,
R.G. 851/2018,
06/07/2018
03/08/2023
200
30
56332/22
02/12/2022
Marcello RUSCIANO
1972
Liguori Michele
Naples
Rome Court of Appeal,
R.G. 54021/2012,
21/09/2017
03/08/2023
200
30
235/23
22/12/2022
Antonio BARRETTA
1967
Liguori Michele
Naples
Rome Court of Appeal,
R.G. 54019/12,
24/07/2017
03/08/2023
200
30
703/23
16/12/2022
Ida FERRARA
1941
Liguori Vincenzo
Naples
Rome Court of Appeal,
R.G. 52500/11,
22/03/2016
03/08/2023
200
30
[1] Plus any tax that may be chargeable to the applicants.
[2] Plus any tax that may be chargeable to the applicants.