INTERIM resolution DH (99) 94
HUMAN RIGHTS
APPLICATION No. 35927/97
VON BERGER LUCIANO II AGAINST ITALY
(Adopted by the Committee of Ministers on 18 January 1999
at the 654th meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 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 22 April 1998 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 7 June 1997 by an Italian national, Mr Luciano Von Berger, against Italy;
Whereas on 11 June 1998 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, of the Convention has elapsed without the case having been brought before the European Court of Human Rights in pursuance of Article 48 of the Convention;
Whereas in his application, as declared admissible by the Commission on 21 January 1998, the applicant complained of the excessive length of certain proceedings before the civil courts, the length of the same proceedings having already been found to constitute a violation of Article 6, paragraph 1, of the Convention in the case of Icilio Von Berger III, against Italy (Application No. 26852/95, Interim Resolution DH (96) 646);
Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention;
Whereas at the 654th meeting of the Ministers' Deputies, the Committee of Ministers, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, and agreed with the opinion expressed by the Commission, held, by a decision adopted on 18 January 1999, that there had been in this case a violation of Article 6, paragraph 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 of the Convention with a view to adopting the final resolution.
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