Information Note on the Court’s case-law No.
May 1991
Vocaturo v. Italy - 11891/85
Judgment 24.5.1991
Article 6
Article 6-1
Reasonable time
Length of civil proceedings: violation
[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]
I.ARTICLE 6 § 1 OF THE CONVENTION ("reasonable time")
A.Period to be considered
Starting-point: impossible to go back further than 1 August 1973, when Italy's declaration recognising right of individual petition took effect, but regard to be had to state of case at that time.
Close: filing of Court of Cassation's judgment.
Result: almost twelve years and four months.
B.Relevant criteria
Reasonableness of length of proceedings: to be assessed in light of circumstances of case and criteria laid down in Court's case-law.
Excessive workload did not justify failure – especially of trial court and Court of Cassation – to comply with shortened time-limits applicable to employment cases.
Conclusion: violation (unanimously).
II.ARTICLE 50 OF THE CONVENTION
A.Pecuniary and non-pecuniary damage: compensation awarded.
B.Costs and expenses incurred before Convention organs: reimbursement.
C.Publication of judgment: Court had no jurisdiction to order Italy to do this.
Conclusion: respondent State to pay applicant specified sums (unanimously).
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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