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MENDUNI AND OTHERS v. ITALY
Doc ref: 30797/17;39890/17;8887/19;52623/19;31695/20;5413/21;5417/21;5432/21 • ECHR ID: 001-221040
Document date: October 20, 2022
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MENDUNI AND OTHERS v. ITALY
Doc ref: 30797/17;39890/17;8887/19;52623/19;31695/20;5413/21;5417/21;5432/21 • ECHR ID: 001-221040
Document date: October 20, 2022
Cited paragraphs only
FIRST SECTION
DECISION
Application no. 30797/17 Matteo MENDUNI against Italy and 7 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 20 October 2022 as a Committee composed of:
Krzysztof Wojtyczek , President , Erik Wennerström, Lorraine Schembri Orland , judges ,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the non-enforcement or delayed enforcement of domestic decisions were communicated to the Italian Government (“the Government”).
The Court received the friendly-settlement declarations, signed by the parties, under which the applicants agreed to waive any further claims against Italy in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will 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 undertake 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 Government also undertake to ensure the enforcement of the domestic decisions under consideration in the cases concerned (see appended table) within the same three-month period, and to pay any costs of the domestic enforcement proceedings.
The payment and the enforcement of the domestic decisions in the cases concerned will constitute the final resolution of the cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify a continued examination of the applications.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 10 November 2022.
Viktoriya Maradudina Krzysztof Wojtyczek Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention
(non-enforcement or delayed enforcement of domestic decisions)
No.
Application no. Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Relevant
domestic decision
Domestic
court order
Other complaints under
well-established
case-law
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage
per applicant
(in euros) [1]
Amount awarded for costs and expenses per application
(in euros) [2]
30797/17
29/03/2017
Matteo MENDUNI
1980Catanzaro Court
of Appeal R.G.
1034/10, 29/09/2011
Payment of
court fees
(“avvocato
antistatario”)
23/06/2022
16/03/2022
295
250
39890/17
16/05/2017
Orsola D’ADDAMIO
1981Perugia Court of
Appeal R.G.
681/14,
16/12/2014
Payment of
court fees
(“avvocato
antistatario”)
22/06/2022
30/06/2022
640
250
8887/19
31/01/2019
Erminio Angiolino PACIFICO
1955Rome Court of
Appeal R.G.
4470/16,
06/06/2016
Lazio Regional
Administrative
Court R.G.
9542/17,
19/11/2018
Payment of
court fees
(“avvocato
antistatario”)
23/06/2022
10/03/2022
5,900
250
52623/19
03/10/2019
Giovanni ROMANO
1953Paola GENITO
1968Romano Giovanni
Rome
Catanzaro Court
of Appeal R.G.
1579/12,
02/04/2013
(in favour of
M. Romano only)
Rome Court of
Appeal R.G.
53806/09,
19/09/2013
Payment of
court fees
(“avvocato
antistatario”)
Prot. 1 Art. 1 - lack of or delayed payment of a debt by State authorities
23/06/2022
30/03/2022
1,350
to be paid to the applicant,
Giovanni ROMANO;
510to be paid to the applicant
Paola GENITO
250
31695/20
17/07/2020
Gianpiero PASQUARIELLO
1972Rome Court of
Appeal R.G.
51751/11,
28/01/2016
Rome Court of
Appeal R.G.
51983/12,
18/07/2017
Rome Court of
Appeal R.G.
51982/12,
20/07/2017
Rome Court of
Appeal R.G.
51984/12,
20/07/2017
Rome Court of
Appeal R.G.
54252/12,
03/10/2017
Rome Court of
Appeal R.G.
54251/12,
25/10/2017
Payment of
court fees
(“avvocato
antistatario”)
Prot. 1 Art. 1 - lack of or delayed payment of a debt by State authorities
23/06/2022
06/05/2022
6,100
250
5413/21
05/01/2021
Domenico SIMONE
1966Rome Court of
Appeal R.G.
50193/11,
10/03/2015
Payment of
court fees
(“avvocato
antistatario”)
Prot. 1 Art. 1 - lack of or delayed payment of a debt by State authorities
23/06/2022
09/03/2022
2,000
250
5417/21
05/01/2021
Domenico SIMONE
1966Rome Court of
Appeal R.G.
5238/15,
27/06/2016
Payment of
court fees
(“avvocato
antistatario”)
Prot. 1 Art. 1 - lack of or delayed payment of a debt by State authorities
23/06/2022
09/03/2022
3,000
250
5432/21
05/01/2021
Domenico SIMONE
1966Rome Court of
Appeal R.G.
50194/11,
10/03/2015
Payment of
court fees
(“avvocato
antistatario”)
Prot. 1 Art. 1 - lack of or delayed payment of a debt by State authorities
23/06/2022
09/03/2022
1,000
250[1] Plus any tax that may be chargeable to the applicants.
[2] Plus any tax that may be chargeable to the applicants.
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