SECOND SECTION

DECISION

Application no. 33114/96 by Vincenzo TORTAROLO and Elena ROSSETTI against Italy

The European Court of Human Rights ( Second Section ), sitting on 4 May 2000 as a Chamber composed of

Mr C.L. Rozakis, President ,

Mr A.B. Baka, Mr B. Conforti,

Mr G. Bonello, Mrs V. Stráznická, Mrs M. Tsatsa-Nikolovska, Mr A. Kovler, judges a nd Mr E. Fribergh , Section Registrar ,

Having regard to the above application introduced with the European Commission of Human Rights on 5 March 1996 and registered on 23 September 1996,

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 applicants,

Having deliberated, decides as follows:

THE FACTS

The applicants are Italian nationals, born respectively in 1939 and 1942 and living in Milan. They are represented before the Court by Mrs Luisa Minoli , a lawyer practising in Milan.

The applicants are the owners of an apartment in Milan, which they had let to A.D.

In a writ served on the tenant on 1 October 1988, the applicants communicated their intention to terminate the lease and summoned the tenant to appear before the Milan Magistrate. By a decision of 31 October 1988, which was made enforceable on 4 January 1989, the Milan Magistrate upheld the validity of the notice to quit and ordered that the premises be vacated by 31 October 1989.

On 15 May 1990, the applicants served notice on the tenant requiring her to vacate the premises. On 30 May 1990 they served notice on the tenant informing her that the order for possession would be enforced by a bailiff on 15 June 1990.

On 30 October 1995, the applicants made a statutory declaration that they urgently required the premises as accommodation for their son.

Between 15 June 1990 and 18 July 1997 the bailiff made 25 attempts to recover possession. Each attempt proved unsuccessful, as the applicants were never granted the assistance of the police in enforcing the order for possession.

On 16 October 1997, the applicants repossessed the apartment.

COMPLAINTS

The applicants complained about their prolonged inability - through lack of police assistance - to recover possession of their apartment. They further complained about the duration of the eviction proceedings.

REASONS FOR DECISION

On 27 March 2000 the Court received the following declaration by the Italian Government:

“ I declare that the Government of  Italy, without prejudice, offer to pay 50,000,000 ITL to Mr Vincenzo TORTAROLO and Mrs Elena ROSSETTI with a view to securing a friendly settlement of the application registered under No. 33114/96. This sum shall cover any pecuniary and non-pecuniary damage as well as legal costs, and it will be payable within three months from the notification of the decision by the Court pursuant to Article 39 of the European Convention on Human Rights. This payment will constitute the final resolution of the case.

The present declaration takes into consideration the length of the proceedings, but it does not represent an evaluation of the reasons justifying that length before the domestic courts.

The Government further undertake not to request the reference of the case to the Grand Chamber under Article 43 § 1 of the Convention.”

On 27 March 2000 the Court received the following declaration signed by the applicants’ representative:

“ I note that the Government of Italy are prepared to pay 50,000,000 (covering both pecuniary and non-pecuniary damage and legal costs) to Mr Vincenzo TORTAROLO and Mrs Elena ROSSETTI with a view to securing a friendly settlement of application No. 33114/96 pending before the Court.

I accept the proposal and waive any further claims in respect of Italy relating to the facts of this application. I declare that the case is finally settled.

This declaration is made in the context of a friendly settlement which the Government and the applicant have reached.

I further undertake not to request the reference of the case to the Grand Chamber pursuant to Article 43 § 1 of the Convention after the delivery of the Court’s judgment.”

Having regard to Article 37 § 1 (b) of the Convention, the Court notes that the matter raised in the above application has been resolved. Furthermore, in accordance with Article 37 § 1 in fine , the Court finds no special circumstances regarding respect for human rights as defined in the Convention which require the examination of the application to be continued.

For these reasons, the Court, unanimously,

DECIDES TO STRIKE THE APPLICATION OUT OF ITS LIST OF CASES.

Erik Fribergh Christos Rozakis Registrar President