Lexploria

FIRST SECTION

DECISION

Application no. 20035/07 Giuseppa AIELLO and O thers against Italy

The European Court of Human Rights (First Section), sitting on 16 May 2019 as a Committee composed of:

Aleš Pejchal, President, Jovan Ilievski, Gilberto Felici, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 4 May 2007,

Having regard to the declaration submitted by the respondent Government requesting the Court to strike the application out of the list of cases,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicant s is set out in the appended tables.

The applicants were represented by Mr Giuseppe Ferraro, a lawyer practising in Naples.

The applicant s ’ complaint under Article 6 of the Convention concerning the legislative interference pending judicial proceedings in Italy in respect of all the applicants listed in the appendices was communicated to the Italian Government (“the Government”) .

THE LAW

The Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issues raised by this complaint with respect to the applicants listed in Appendix I. They further requested the Court to strike out the application in accordance with Article 37 of the Convention.

The Government acknowledged the legislative interference pending judicial proceedings in respect of the applicants listed in Appendix I. They offered to pay these applicants the amount s detailed in Appendix I and invited the Court to strike the application out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amount s would be payable within three months from the date of notification of the Court ’ s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertook to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

The payment will constitute the final resolution of the case with respect to the applicants listed in Appendix I.

The applicant s listed in Appendix I were sent the terms of the Government ’ s unilateral declaration on 25 October 2017. The Court has received a response from the applicant s ’ representative refusing the terms of the declaration.

The Court observes that Article 37 § 1 (c) enables it to strike a case out of its list if:

“... for any other reason established by the Court, it is no longer justified to continue the examination of the application”.

Thus, it may strike out applications under Article 37 § 1 (c) on the basis of a unilateral declaration by a respondent Government even if the applicant s wish the examination of the case to be continued (see, in particular, Tahsin Acar v. Turkey (preliminary objections) [GC], no. 26307/95, §§ 75 ‑ 77, ECHR 2003-VI).

The Court has established clear and extensive case-law concerning complaints relating to the legislative interference pending judicial proceedings in Italy (see, for example, Arras and Others v. Italy , no. 17972/07 , 14 February 2012; Natale and Others v. Italy , no. 19264/07 , 15 October 2013; and Casacchia and Others v. Italy , nos. 23658/07 and 2 others , 15 October 2013 ).

Noting the admissions contained in the Government ’ s declaration as well as the amounts of compensation proposed – which are consistent with the amounts awarded in similar cases – the Court considers that it is no longer justified to continue the examination of the application with respect to the applicants listed in Appendix I (Article 37 § 1 (c)).

In the light of the above considerations, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the application with respect to the applicants listed in Appendix I (Article 37 § 1 in fine ).

Furthermore, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declaration, the application may be restored to the list in accordance with Article 37 § 2 of the Convention ( Josipović v. Serbia (dec.), no. 18369/07, 4 March 2008).

As regards the applicants listed in Appendix II, the Court notes that they have died and that no heirs have come forward.

Accordingly, the Court considers that it is no longer justified to continue the examination of the application with respect to these applicants (Article 37 § 1 (c)).

In view of the above, it is appropriate to strike the case out of the list as regards the applicants concerned by the unilateral declaration as well as the deceased applicants (see Appendices I and II).

As regards the applicants listed in Appendix III, the Court notes that they did not provide the information requested when the case was communicated to demonstrate their victim status for the purposes of this complaint under the Convention.

Having regard to its findings, the Court considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, this complaint does not meet the admissibility criteria set out in Articles 34 and 35 of the Convention.

It follows that this part of the application must be rejected in accordance with Article 35 § 4 of the Convention.

For these reasons, the Court, unanimously,

Takes note of the terms of the respondent Government ’ s declaration in so far as they concern the applicants listed in Appendix I , and of the arrangements for ensuring compliance with the undertakings referred to therein;

Decides to strike the application out of its list of cases in accordance with Article 37 § 1 (c) of the Convention with respect to the applicants listed in Appendices I and II;

Declares the application inadmissible as regards the applicants listed in Appendix III.

Done in English and notified in writing on 6 June 2019 .

Liv Tigerstedt Aleš Pejchal Acting Deputy Registrar President

Application no.

Date of introduction

Applicant ’ s name

Date of birth

Date of receipt of Government ’ s declaration

Date of receipt of applicant ’ s comments, if any

Amount awarded for pecuniary and non-pecuniary damage per applicant

or household

(in euros) [1]

Amount awarded for costs and expenses per application

(in euros) [2]

20035/07

04/05/2007

Luisa ANSELMO

09/07/1927

Tommaso BASTI

24/03/1923

Osvaldo BATTIMIELLO

06/11/1925

Romano BERGAMI

10/06/1936

Luigi BIANCO

24/09/1934

Sandra BOLDRER

17/03/1954

Maria BONICA

23/09/1924

Sergio BUTTÀ

21/02/1939

Renza CALLIARI

17/08/1955

Assunta CANTONE

08/09/1922

Antonio CARACCIOLO

29/01/1917

Antonietta CASAZZA

20/10/1928

Nicola CASCIELLO

13/10/1937

Rocco CASONE

22/03/1932

Wanda CATALINI

16/03/1947

Igino CATANZARITI

31/05/1938

Elisabetta CERESA

21/09/1946

Malio CHIARIELLO

06/07/1942

Antonio Donatello CHINICO ’

22/10/1948

Caterina CINO

01/03/1948

Giuseppe COMPAGNONE

04/11/1931

Caterina COSCIA

28/11/1925

Eleonora COSENTINO

20/12/1952

Mario D ’ ALIA

25/07/1936

Aida D ’ APUZZO

09/04/1936

Maria DE FINA

07/04/1951

Bruno DE GREGORIIS

05/06/1926

Antonino DE GREGORIO

27/09/1939

Giovanna DE JATTA

20/07/1948

Ciro DE LUCA

07/04/1938

Carmela DE STEFANO

04/03/1947

Remo DI GIOVANNI

21/08/1922

Pasquale DI RAIMONDO

15/04/1935

Gustavo DI RUGGIERO

14/03/1940

Olmitella DI TARANTO

01/01/1932

Vittorio ELLERO

18/01/1938

Rosa ESPOSITO

04/11/1933

Mattia FAIELLA

06/02/1939

Silvia FILIPPI

15/08/1943

Angelo GALIMBERTI

01/11/1930

Giuseppe GAMBINO

18/11/1935

Diana Lucia GIANCANE

09/03/1944

Heirs of Giorgio BUONERBA

(died on 04/05/2008)

Pia Boy

08/03/1921

Carla Buonerba

03/02/1949

Maurizio Antonio Buonerba

09/07/1958

Heirs of Guido CALDARAZZO

(died on 14/07/2008) Fabrizio Caldarazzo

26/06/1978

Maria Roccocelli

12/01/1933

Heirs of Luigi CARBONE

(died on 15/05/2009)

Alfonso Carbone 03/09/1938

Giorgio Carbone 29/07/1946

Lucio Carbone 02/03/1940

Paolo Carbone 22/07/1943

25/10/2017

30/01/2018

10,600

4,300

4,000

7,800

8,100

4,300

10,600

6,200

4,200

4,400

9,100

8,100

8,600

6,300

4,300

4,900

4,300

5,000

4,300

6,900

8,000

4,800

6,300

6,200

4,300

8,100

7,000

4,300

5,200

5,500

6,200

7,700

5,800

8,300

6,100

6,300

4,800

6,400

10,700

4,900

4,300

7,200 jointly to the heirs

7,000 jointly to the heirs

10,200 jointly to the heirs

200Name Date of birth – date of demise

APPENDIX III

Name Date of birth

[1] . Plus any tax that may be chargeable.

[2] . Plus any tax that may be chargeable to the applicants.

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AIELLO AND OTHERS v. ITALY

AIELLO AND OTHERS v. ITALY

LEXI