SECOND SECTION

DECISION

Application no. 40917/98 by Domenico PARENTE against Italy

The European Court of Human Rights ( Second Section ) sitting on 10 February 2000 as a Chamber composed of

Mr C.L. Rozakis, President , Mr B. Conforti, Mr G. Bonello, Mrs V. Strážnická, Mr P. Lorenzen, Mrs M. Tsatsa-Nikolovska, Mr E. Levits, judges ,

and Mr E. Fribergh, Section Registrar ;

Having regard to Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms;

Having regard to the application introduced on 1903/1998 by Domenico Parente against Italy and registered on 27 April 1998 under file no. 40917/98;

Having regard to the report provided for in Rule 49 of the Rules of Court;

Decides as follows:

THE FACTS

The applicant is an Italian national, born in 1954, and currently residing in Benevento . In 1989, he was member of the Benevento Town Council’s Second Technical Committee (“ 2a Commissione tecnica comunale di Benevento ”), a body in charge of, among others, building permits and public allowances. The applicant is represented before the Court by Mr Silvio Ferrara , a lawyer practising in Benevento .

On 15 October 1992, the Benevento Public Prosecutor Office requested that the applicant and thirteen other persons be committed for trial on charges of aggravated abuse of public authority (“ abuso d’ufficio ”) and neglect of duties.

In a judgment of 8 February 1994, the Benevento investigating judge acquitted two co-accused as to the charge of neglect of duties. In an order of the same day, he committed the applicant and thirteen  other persons for trial, commencing on 26 January 1995, before the Benevento District Court on a charge of abuse of public authority.

In a judgement of 7 November 1997, filed with the court’s registry on 2 December 1997, the District Court acquitted the applicant and his co-accused. This decision became final on 16 January 1998.

COMPLAINT

The applicant complained about the length of proceedings and invoked Article 6 § 1 of  the Convention.

REASONS FOR THE DECISION

On 30 November 1999 the Court received the following declaration by the Italian Government:

“I declare that the Government of Italy offer to pay 16,000,000 ITL (13,000,000 ITL for pecuniary and non-pecuniary damage and 3,000,000 ITL for legal costs) to Mr Domenico PARENTE on the condition that he withdraws his application No. 40917/98 before the Court.  This sum will be payable immediately after the notification of the decision of the Court pursuant to Article 37 of the European Convention on Human Rights. This payment will constitute the final resolution of the case.”

On 15 October 1999 the Court received the following declaration signed by the applicant’s representatives:

“ I note that the Government of Italy are prepared to pay 16,000,000 ITL (13,000,000 ITL for pecuniary and non-pecuniary damage and 3,000,000 ITL for legal costs) to Mr Domenico PARENTE on the condition that I withdraw application No. 40917/98 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 my intention not to proceed with the case and request the Court to strike the application out of the Court’s list under Article 37 § 1 of the Convention.”

Having regard to Article 37 § 1 (b) of the Convention, the Court takes note that the matter has been resolved and is satisfied that the agreement is based on respect for human rights as defined in the Convention and its Protocols (Article 37 § 1 in fine of the Convention).

For these reasons, the Court, unanimously,

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

Erik Fribergh Christos Rozakis Registrar President