ZANELLATO AGAINST ITALY



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 7 December 1994 by the European

Commission of Human Rights in accordance with Article 31 (art. 31) of the

Convention relating to the application lodged on 3 October 1991 by Mr Antonio

Zanellato against Italy

(Application No. 19454/92);

Whereas on 12 January 1995 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 6

September 1994, the applicant complained of the excessive length of certain

civil 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;

Whereas, at the 539th meeting of the Ministers' Deputies held on 7 June

1995, the Committee of Ministers, agreeing with the opinion expressed by the

Commission, held, 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;

Whereas the Committee of Ministers examined the proposals made by the

Commission when transmitting its report as regards just satisfaction to be

awarded to the applicant, proposals supplemented by a letter of the President of

the Commission dated 26 May 1995;

Whereas, at the 542nd meeting of the Deputies held on

11 September 1995, the Committee of Ministers decided, in accordance with

Article 32, paragraph 2 (art. 32-2), of the Convention, that the Government of

Italy was to pay the applicant as just satisfaction, within three months, 5 000

000 Italian lire in respect of non-pecuniary damage and 500 000 Italian lire for

costs and expenses, namely a total sum of 5 500 000 Italian lire;

Whereas the Committee of Ministers invited the Government of Italy to

inform it of the measures taken following its decisions of 7 June 1995 and 11

September 1995, having regard to Italy's obligation under Article 32, paragraph

4 (art. 32-4), of the Convention to abide by them;

Whereas the Government of Italy recalled that measures had already been

taken to prevent the repetition of the violation found in this case, notably

through the entry into force on 30 April and 1 May 1995 of two laws

restructuring the civil courts and speeding up the proceedings in civil cases

(see Resolution DH (95) 82 in the case of Zanghì against Italy);

Whereas the Committee of Ministers satisfied itself that

on 1 December 1995, within the time-limit set, the Government of Italy paid the

applicant the total sum of 5 500 000 Italian lire as just satisfaction,

Declares, having taken note of the measures taken by the Government of

Italy, that it has exercised its functions under Article 32 (art. 32) of the

Convention in this case;

Authorises the publication of the report adopted by the Commission in this

case.

 

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