SECOND SECTION

FINAL DECISION

AS TO THE ADMISSIBILITY OF

Application no. 34203/96

by Aldo FERRARIN

against Italy

The European Court of Human Rights (Second Section) sitting on 6 April 2000 as a Chamber composed of

Mr C. Rozakis , President ,

Mr M. Fischbach ,

Mr B. Conforti ,

Mr   G. Bonello ,

Mrs V. Strážnická

Mr P. Lorenzen ,

Mrs M. Tsatsa-Nikolovska , Judges,

with Mr E. Fribergh , Section Registrar ;

Having regard to the application introduced on 26 November 1996 and registered on 17 December 1996;

Having deliberated;

Decides as follows:

THE FACTS

The applicant is an Italian national, born in 1944 and living in Montecchio Precalcino . He is represented before the Court by Mr Gian Antonio Conte , a lawyer practising in Milan.

On 27 June 1978, the applicant was appointed the sole manager of a company, Nuova R.A.C.E. srl .  By a judgment of 22 March 1979, the Milan District Court declared this company bankrupt. In 1979, following a complaint that the receiver (“ curatore fallimentare ” ) had filed against the applicant, the Public Prosecutor’s Office attached to the Milan District Court, in connection with the bankruptcy procedure, instituted criminal proceedings against him.  On 13 November 1979 the receiver forwarded to the Public Prosecutor, upon the latter’s request, the list of the bankruptcy creditors (“ creditori ammessi al passivo ” ).

On 26 June 1986 the Public Prosecutor attached to the Milan District Court requested that the applicant be committed for trial for criminal bankruptcy (“ bancarotta fraudolenta ”) . Following the entry into force of the new code of criminal procedure on 24 October 1989, the investigating judge sent the case back to the public prosecutor in order to follow the new procedure.  On 5 March 1990 the public prosecutor requested that the applicant be committed for trial.  On 6 March 1990 the applicant’s name was entered into the register of pending proceedings.

By an order on 30 May 1990, served on the applicant on 18 June 1990, the investigating judge committed the applicant for trial commencing before the Milan District Court on 19 September 1990. By a judgment of 22 November 1990, filed with the registry on 4 December 1990, the Milan District Court convicted the applicant and sentenced him, inter alia , to three years’ imprisonment.  Before the trial, part of the documentation concerning the management of the company by the applicant had been lost, when the receiver’s cellars were flooded. On 24 December 1990 the applicant lodged an appeal. He complained that he had been informed of the existence of criminal investigations against him only after 24 October 1989, whereas the investigations had already been carried out for ten years.

By a judgment of 12 December 1995, filed with the registry on 19 December 1995, the Milan Court of Appeal confirmed the judgment of the first instance. The court pointed out that there was no legal obligation to inform the applicant about the existence of criminal investigations against him before the request for committal for trial. On 26 January 1996 the applicant appealed on points of law. By a judgment of 7 May 1996, filed with the registry on 9 May 1996, the Court of Cassation rejected the appeal.

THE LAW

The applicant’s complaint relates to the length of the proceedings in question. These proceedings began on 18 June 1990 and ended on 9 May 1996 .

According to the applicant, the overall duration of the proceedings - a period of five years, ten months and twenty-one days - is in breach of the "reasonable time" requirement laid down in Article 6 § 1 of the Convention. The Government disputed this claim.

The Court considers, in the light of the criteria established in its case-law on the question of "reasonable time" (the complexity of the case, the applicant's conduct and that of the competent authorities), and having regard to all the information in its possession, that an examination of the merits of this complaint is required.

For these reasons, unanimously, the Court

DECLARES THE REMAINDER OF THE APPLICATION ADMISSIBLE , without prejudging the merits of the case.

Erik Fribergh Christos Rozakis

Registrar President