Resolution CM/ResDH(2007)145[1]
Execution of the judgments of the European Court of Human Rights
2 cases concerning the length of certain civil proceedings brought by haemophiliacs
seeking compensation for damages suffered following blood transfusions infected
with various viruses against Italy
(Application Nos. (see details in Appendix), friendly settlements)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);
Having regard to the judgments transmitted by the Court to the Committee once they had become final;
Recalling that the admissible complaints in these cases concerned the length of certain civil proceedings brought by haemophiliacs seeking compensation for damages suffered following blood transfusions infected with various viruses;
Whereas in these cases the Court, 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 these friendly settlements it was agreed that the government of the respondent state would pay the applicants certain sums (see details in Appendix), within three months as from the notification of the judgments;
Recalling that the striking-out of a case which has been declared admissible is effected by means of a judgment which the President forwards 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, friendly settlement or solution of the matter;
Having invited the government of the respondent state to inform the Committee of the measures taken to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgments;
Having examined the information provided by the government in accordance with the Committee's Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that the government of the respondent state paid the applicants the sums provided for in the friendly settlement, in conditions accepted by the applicants (see details in Appendix);
Recalling that, as regard the applicants' complaints declared admissible in these cases, the Committee of Ministers is at present supervising the execution of several judgments of the Court and decisions of the Committee of Ministers, under previous Article 32 of the Convention, finding a violation of Article 6, paragraph 1, of the Convention on account of the excessive length of proceedings before the Italian civil courts;
Whereas, in this connection, the Italian authorities informed the Committee of Ministers that they were drafting and adopting new general measures in order to put to an end the serious problem of excessive length of proceedings, so as to prevent new violations similar to those already found in the above-mentioned cases (see Resolutions DH(97)336, DH(99)437, DH(2000)135 and CM/ResDH(2007)2),
Having examined the information supplied by the government of Italy,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in these cases and DECIDES to close their examination.
Appendix to Resolution CM/ResDH(2007)145
Information about the measures to comply with the judgments in the cases of
2 cases concerning the length of certain civil proceedings brought by haemophiliacs seeking compensation for damages suffered following blood transfusions infected with various viruses against Italy
Details of payments
Case name and application No.
Date of Judgment, final on
Non-pecuniary damage
Costs and expenses
Date of payment
Mas. A. altri
53708/00
07/06/2001,
final on 07/06/2001
80 000 000 ITL
09/11/2001
M.L. and others
53705/00
05/04/2001,
final on 05/07/2001
1 910 000 000 ITL
20 000 000 ITL
12/09/2001
[1] Adopted by the Committee of Ministers on 31 October 2007 at the 1007th meeting of the Ministers’ Deputies
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