The Committee of Ministers, under the terms of Article 32 (art. 32) of the
Convention for the Protection of Human Rights and Fundamental Freedoms
(hereinafter referred to as "the Convention"),
Having regard to the report drawn up on 5 March 1996 by the European
Commission of Human Rights in accordance with Article 31 (art. 31) of the
Convention relating to the application lodged on 4 June 1994 by Mr Icilio Von
Berger against Italy (Application No. 26851/95);
Whereas on 23 April 1996 the Commission transmitted the said report to the
Committee of Ministers and whereas the period of three months provided for in
Article 32, paragraph 1 (art. 32-1), of the Convention has elapsed without the
case having been brought before the European Court of Human Rights in pursuance
of Article 48 (art. 48) of the Convention;
Whereas in his application, declared admissible by the Commission on 5
December 1995, the applicant complained of the excessive length of certain civil
proceedings and of a breach of the right to the peaceful enjoyment of his
possessions because of the excessive length of these proceedings;
Whereas in its report the Commission expressed, unanimously, the opinion
that there had been a violation of Article 6, paragraph 1 (art. 6-1), of the
Convention and that it was not necessary to examine whether there had been a
violation of Article 1 of Protocol No. 1 (P1-1);
Whereas at the 576th meeting of the Ministers' Deputies, the Committee of
Ministers, agreeing with the opinion expressed by the Commission, held, in a
decision adopted on 15 November 1996, having voted in accordance with the
provisions of Article 32, paragraph 1
(art. 32-1), of the Convention, that there had been in this case a violation of
Article 6, paragraph 1 (art. 6-1), of the Convention,
Authorises the publication of the report adopted by the Commission in this
case;
Decides to pursue the examination of the present case in accordance with
Article 32 (art. 32) of the Convention with a view to adopting the final
resolution.
Full & Egal Universal Law Academy