Published on 24 October 2022
SECOND SECTION
Application no. 33735/22
Angela VENTURINI
against San Marino
lodged on 28 June 2022
communicated on 8 October 2022
SUBJECT MATTER OF THE CASE
The application concerns the length of the proceedings during which the applicant pursued civil claims against X, a man who violently physically aggressed her on 22 August 2010. The criminal proceedings, which the applicant joined as a civil party, started on 7 December 2011 and came to an end on appeal on 14 April 2015. X was found guilty and was provisionally ordered to pay 15,000 euros (EUR) in damage plus costs of the first-instance proceedings, the judge having considered that the full quantification of damage would be better established by a civil court. Civil proceedings were thus instituted by the applicant on 3 December 2015 for the quantification of the relevant damage. A first-instance judgment was delivered on 23 March 2020, and an appeal judgment on 17 March 2022, whereby X was ordered to pay EUR 27,890,17 in material damage and EUR 30,000 in non-pecuniary damage, adjusted for inflation, plus interest, as well as costs and expenses.
The applicant complains under Article 6 § 1 of the Convention about the unreasonable delay to quantify her claims for damage, which moreover had not yet been entirely paid by X, and thus required further claims before the domestic courts.
QUESTION TO THE PARTIES
Was the length of the proceedings in the present case, which determined the applicant’s civil claims, particularly, the quantification of damage, in breach of the “reasonable time” requirement of Article 6 § 1 of the Convention?