SECOND SECTION

FINAL DECISION

AS TO THE ADMISSIBILITY OF

Application no. 33827/96

by Giancarlo MARTINELLI

against Italy

The European Court of Human Rights ( Second Section) sitting on 15 June 1999 as a Chamber composed of

Mr C. Rozakis , President ,

Mr M. Fischbach ,

Mr B. Conforti ,

Mr P. Lorenzen ,

Mrs M. Tsatsa-Nikolovska ,

Mr A.B. Baka ,

Mr E. Levits , Judges ,

with 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 5 November 1996 by Giancarlo Martinelli against Italy and registered on 14 November 1996 under file no. 33827/96;

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

Having regard to the observations submitted by the respondent Government on 2 December 1998 and to the applicant’s letter of 13 April 1999, whereby he informed the Court that he did not intend to present any submissions.

Having deliberated;

Decides as follows:

THE FACTS

The applicant is an Italian national, born in 1939 and resident in Mantova .

He is represented before the Court by Mr Marco Della Luna , a lawyer practising in Mantova .

The proceedings in question concern the charges of fiscal offences brought against the applicant. The applicant was the managing director of company X, which was declared bankrupt on 27 March 1986.

The following is a summary of the proceedings:

On 20 June 1991 the applicant was questioned by the investigative police ( polizia giudiziaria ) on the request of the Public Prosecutor of the Court of Modena under suspicion of having committed certain fiscal offences set out in law no. 516/1982.

On 24 February 1995 the applicant was committed for trial before the District Court of Modena on charges of the above-mentioned fiscal offences.

The first hearing was held on 8 February 1996; the proceedings were then adjourned first to 4 March 1996 and then to 6 May 1996.

On the latter date the District Court of Modena partially acquitted the applicant.

On 3 July 1996 the Public Prosecutor filed an appeal against with the Court of Appeal of Bologna. On an unspecified date the applicant also filed an appeal. The date of first hearing of the appeal proceedings has not yet been set.

The proceedings are still pending before that court.

The applicant complains of the length of the proceedings and invokes Article 6 § 1 of the Convention.

On 9 September 1998, the European Commission of Human Rights decided to give notice of the applicant’s complaint concerning the length of the proceedings for fiscal offences to the respondent Government, and invited them to submit their observations on its admissibility and merits.  It declared the remainder of the application inadmissible.

On 1 November 1998, by operation of Article 5 § 2 of Protocol No. 11 to the Convention, the case fell to be examined by the Court in accordance with the provisions of that Protocol.

The Government submitted their observations on 2 December 1998. On 13 April 1999 the applicant informed the Court that he did not intend to present any submissions.

The applicant’s complaint relates to the length of the proceedings in question. These proceedings began on 20 June 1991 and are still pending.

According to the applicant, the length of the proceedings - a period of almost eight years to date - is in breach of the "reasonable time" requirement laid down in Article 6 § 1 of the Convention. The Government refute the allegation.

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