Resolution ResDH(2005)52
concerning the judgments of the European Court of Human Rights
delivered between 21 February 2002 and 16 December 2004 (Friendly settlements)
in 12 cases against Italy (see appendix) relating to the sustained impossibility for the applicants to obtain the assistance of the police to implement judicial decisions ordering their tenants' eviction
(Adopted by the Committee of Ministers on 21 June 2005,
at the 928th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),
Having regard to the final judgments of the European Court of Human Rights in the 12 cases listed in the appendix to this Resolution, which were delivered between 21 February 2002 and 16 December 2004 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;
Recalling that these cases originated in applications (see appendix) against Italy, lodged between 13 November 1995 and 21 March 2001 with the European Commission or with the European Court of Human Rights under former Article 25 of the Convention and Article 34 of the Convention by several Italian nationals, and that the Court declared admissible the complaints related to the sustained impossibility for the applicants to obtain the assistance of the police to implement judicial decisions ordering their tenants' eviction;
Whereas in its judgments delivered between 21 February 2002 and 16 December 2004 concerning these cases the Court, after having taken formal note of friendly settlements reached by the government of the respondent State and the applicants, and having been satisfied that the settlements were based on respect for human rights as defined in the Convention or its Protocols, decided, unanimously, to strike these cases out of its list and took note of the parties' undertaking not to request a re-hearing of the cases before the Grand Chamber;
Whereas under the above-mentioned friendly settlements it was agreed that the government of Italy would pay the applicants certain sums (see appendix), within three months as from the notification of the judgments;
Recalling that Rule 43, paragraph 3, of the Rules of the Court (old Rule 44, paragraph 2) provides that the striking out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2, of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that on dates indicated in the appendix, the government of the respondent state had paid the applicants the sums provided for in the friendly settlement and that the applicants in the case of L.B and others had waived payment of default interest;
Recalling that, as regards the applicants' complaints declared admissible in these cases, the Committee of Ministers is at present supervising the execution of judgments of the Court (notably the judgment Immobiliare Saffi of 28 July 1999) and decisions of Committee of Ministers, under former Article 32 of the Convention, finding in particular a violation of Article 1, Protocol No. 1 to the Convention on account of the prolonged lack of enforcement of judicial orders for eviction of tenants;
Whereas, in this connection, the Italian authorities informed the Committee of Ministers that they were envisaging new general measures (in addition to the adoption, in December 1998, of the law No. 431/98 “Regulations concerning the renting and the repossession of housing”, which sets inter alia the conditions, modalities and deadlines for the implementation of eviction proceedings) in order to put to an end the serious problem of non-enforcement of judicial eviction orders, so as to prevent new, similar violations (see Interim Resolution ResDH(2004)72 adopted on 8 December 2004),
Declares, after having examined the information supplied by the government of Italy, that the Committee of Ministers has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in these cases.
Appendix to Resolution ResDH(2005)52
Details of the sums agreed to in the friendly settlements
Case
Application
Date of judgment
Global sum
Date of payment
ROSSI & NALDINI
31011/96
11/03/04
9 298,74 €
12/05/04
LAMPERI BALENCI
31260/96
21/02/02
46 000 000 ITL
03/06/02 + interest
COVIELLO
39179/98
11/12/03
3 000 €
10/03/04
SARTORELLI
42357/98
09/10/03
8 600 €
04/12/03
L.B. and others
46471/99
31/07/03
4 585 €
06/11/03
BOLOGNA
53231/99
20/02/03
9 000 €
30/06/03 + interest
DELLA ROCCA
59452/00
27/11/03
5 085 €
12/02/04
STENO MONTI
63833/00
27/05/04
14 853,50 €
28/07/04
GIANNI
64450/01
10/04/03
4 000 €
26/06/03
PETRINI LUCILLA
66292/01 and 66299/01
22/04/04
10 000 €
20/05/04
QUINTARELLI
67873/01
11/03/04
20 000 €
23/04/04
CAPELLINI
64009/00
16/12/04
5 717.70 €
31/01/05
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