FIRST SECTION

DECISION

AS TO THE ADMISSIBILITY OF

Application no. 39179/98 by Nicola COVIELLO against Italy

The European Court of Human Rights (First Section) , sitting on 9 July 2002 as a Chamber composed of

Mr C.L. Rozakis , President , Mrs F. Tulkens , Mr P. Lorenzen , Mrs N. Vajić , Mr E. Levits , Mr A. Kovler , Mr V. Zagrebelsky , judges ,

and Mr E. Fribergh , Section Registrar ,

Having regard to the above application lodged with the European Commission of Human Rights on 16 October 1997,

Having regard to Article 5 § 2 of Protocol No. 11 to the Convention, by which the competence to examine the application was transferred to the Court,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,

Having deliberated, decides as follows:

THE FACTS

The applicant is an Italian national, born in Lavello and living in Leverkusen (Germany). He is represented before the Court by Mr G. Preve , a lawyer practising in Turin.

The facts of the case, as submitted by the parties, may be summarised as follows.

The applicant is the owner of an apartment in Turin, which he had let to V.P.

On 2 December 1992, the applicant served a writ on the tenant that he intended to terminate the lease on expiry of the term on 31 July 1993 and asked him to vacate the premises by that date and summoned the tenant to appear before the Turin Magistrate.

By a decision of 16 December 1992, the Turin Magistrate upheld the validity of the notice to quit and ordered that the premises be vacated by 31 July 1994.

On 7 July 1994, the applicant served notice on the tenant requiring him to vacate the premises.

On 17 December 1994 he served notice on the tenant informing him that the order for possession would be enforced by a bailiff on 10 January 1995.

Between 10 January 1995 and 13 November 1998, the bailiff made eight attempts to recover possession.

On 12 May 1998, the applicant made a statutory declaration that he urgently required the premises as accommodation for his son.

On 20 July 1999, the tenant requested the Turin Magistrate (according to art. 6 L.431/98) to set a fresh date for the enforcement of the order.

On 13 January 2000, the Turin Magistrate decided to defer the date of eviction until the 14 February 2000.

On 14 February 2000, the applicant recovered possession of the apartment.

THE LAW

The applicant complains under Article 1 of Protocol No. 1 to the Convention that his inability to recover possession of his apartment amounted to a violation of the right to property.

The applicant further complains under Article 6 of the Convention about the duration of the eviction proceedings.

The Government argue that the applicant has not exhausted domestic remedies on the grounds that he failed to challenge the refusal of police assistance before the administrative courts.

The Court recalls that it has already dismissed this objection in the Immobiliare Saffi case (see the judgment Immobiliare Saffi v. Italy [GC], no. 22774/93, §§ 40-42, ECHR 1999-V). The Court sees no reason to depart from its previous finding. This objection should therefore be rejected.

The Government maintain that the measures in question amount to a control of the use of property which pursues the legitimate aim of avoiding the social tensions and troubles to public order that would occur if a considerable number of orders for possession were to be enforced simultaneously. In their opinion, the interference with the applicant’s property rights was not disproportionate; therefore, there is no violation of Article 1 of Protocol No. 1.

As to the length of the enforcement proceedings, the Government submit that the delay in granting police assistance is justified on grounds of the order of priorities established according to public-safety requirements. In any event, the Government stress that following the entry into force of Law no. 431 of 9 December 1998, the Prefect is no longer competent to determine the order of priority for the enforcement of the evictions. The date of enforcement should now be set by the District Court.

The Court considers that the application raises complex and serious issues which require a determination on the merits. It follows that it cannot be considered manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. No other ground for declaring the application inadmissible has been established.

For these reasons, the Court unanimously

Declares the application admissible, without prejudging the merits of the case.

Erik Fribergh Christos Rozakis Registrar President