FIRST SECTION
DECISION
Application no. 1142/23
Silviana TIDILI and Others against Italy
and 9 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 28 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 declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases, and the applicants’ replies to these declarations,
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 Government submitted a declaration with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications.
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 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 applicants informed the Court that they agreed to the terms of the declarations.
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 finds that, following the applicants’ express agreement to the terms of the declaration made by the Government, the cases should be treated as a friendly settlement between the parties.
It therefore 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 the 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 19 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 acceptance
Amount awarded for non‑pecuniary damage
per applicant/household
(in euros)[1]
Amount awarded for costs and expenses per application
(in euros)[2]
1142/23
23/12/2022
(4 applicants)
Silviana TIDILI
1952
Bruna TIDILI
1951
Maria Augusta TIDILI
1942
Mario Antonio TIDILI
1954
Pibiri Ilaria
Cagliari
Rome Court of Appeal,
R.G. 59035/2011,
31/03/2017
05/07/2023
27/07/2023
200
30
1154/23
23/12/2022
(3 applicants)
Alessandra SERRA
1977
Gianluca SERRA
1978
Gianluigi SERRA
1978
Pibiri Ilaria
Cagliari
Rome Court of Appeal,
R.G. 59035/2012,
31/03/2017
05/07/2023
27/07/2023
200
30
1165/23
23/12/2022
(5 applicants)
Maria Rosaria CAPPAI
1952
Giorgia CAPPAI
1979
Maria Antonietta CAPPAI
1950
Valentina CAPPAI
1980
Assunta MEREU
1952
Pibiri Ilaria
Cagliari
Rome Court of Appeal
R.G. 59035/11,
31/03/2017
05/07/2023
27/07/2023
200
30
1178/23
23/12/2022
(3 applicants)
Roberto MEDDA
1959
Maria Luisa MEDDA
1960
Raffaele MEDDA
1965
Pibiri Ilaria
Cagliari
Rome Court of Appeal,
R.G. 59035/2011,
31/03/2017
05/07/2023
27/07/2023
200
30
1187/23
23/12/2022
(3 applicants)
Eligio OLLA
1969
Emilia ATZORI
1932
Marinella OLLA
1956
Pibiri Ilaria
Cagliari
Rome Court of Appeal,
R.G. 59035/2011,
31/03/2017
05/07/2023
27/07/2023
200
30
1205/23
23/12/2022
Household
Pietrina Angela FODDI
1955
Salvatore PILLOSU
1991
Pibiri Ilaria
Cagliari
Rome Court of Appeal
R.G. 59035/11,
31/03/2017
05/07/2023
27/07/2023
200
30
1211/23
23/12/2022
Maria Giacinta COCCO
1961
Pibiri Ilaria
Cagliari
Rome Court of Appeal
R.G. 59035/11,
31/03/2017
05/07/2023
27/07/2023
200
30
1216/23
23/12/2022
(4 applicants)
Giorgio PILLOSU
1952
Carlo PILLOSU
1955
Maria Raffaela PILLOSU
1949
Marisetta PILLOSU
1956
Pibiri Ilaria
Cagliari
Rome Court of Appeal
R.G. 59035/11,
31/03/2017
05/07/2023
27/07/2023
200
30
1249/23
23/12/2022
(8 applicants)
Luigi FARRIS
1956
Giuseppe MANDIS
1940
Leonardo MANNIAS
1950
Mario SARAIS
1950
Maria Luigia SERCI
1931
Mario SERCI
1950
Luigi SERRA
1948
Giuseppe VACCA
1953
Pibiri Ilaria
Cagliari
Rome Court of Appeal
R.G. 59035/11,
31/03/2017
05/07/2023
27/07/2023
200
30
1291/23
23/12/2022
(9 applicants)
Annalisa LAI
1963
Eligio COGHE
1953
Giampiero COGHE
1955
Maria Gabriella COGHE
1950
Maria Antonietta LAI
1953
Pierluigi LAI
1950
Salvatore LAI
1955
Eligio OLLA
1969
Marinella OLLA
1956
Pibiri Ilaria
Cagliari
Rome Court of Appeal
R.G. 59035/11,
31/03/2017
05/07/2023
27/07/2023
200
30
[1] Plus any tax that may be chargeable to the applicants.
[2] Plus any tax that may be chargeable to the applicants.