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FERRARA AND OTHERS v. ITALY
Doc ref: 34488/20;21676/21;23429/21 • ECHR ID: 001-221076
Document date: October 20, 2022
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FERRARA AND OTHERS v. ITALY
Doc ref: 34488/20;21676/21;23429/21 • ECHR ID: 001-221076
Document date: October 20, 2022
Cited paragraphs only
FIRST SECTION
DECISION
Application no. 34488/20 Alessandro FERRARAagainst Italy and 2 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]
34488/20
31/07/2020
Alessandro FERRARA
1973Ferrara Alessandro
Benevento
Benevento District Court
R.G. 3304/2007,
07/01/2014
Payment of court fees (“avvocato
antistatario”)
Prot. 1 Art. 1 - lack of or delayed payment of a debt by State authorities
21/06/2022
04/03/2022
9,600
250
21676/21
16/04/2021
Ferdinando Emilio ABBATE
1961Abbate Ferdinando Emilio
Rome
Rome District Court R.G.
472/18, 28/03/2018
Payment of court fees (“avvocato
antistatario”)
Prot. 1 Art. 1 - lack of or delayed payment of a debt by State authorities
21/06/2022
07/04/2022
500
250
23429/21
26/02/2021
Marco ALUNNI
1962Sara DI MOLFETTA
1978Ferdinando Emilio ABBATE
1961Alunni Marco
Viterbo
Rome District Court R.G.
20939/17, 13/12/2017
Rome District Court R.G.
20941/17, 13/12/2017
Rome District Court R.G.
20942/17, 13/12/2017
Rome District Court R.G.
20946/17, 13/12/2017
Rome District Court R.G.
20930/17, 15/02/2018
Rome District Court R.G.
20947/17, 15/02/2018
Rome District Court R.G.
20951/17, 15/02/2018
Rome District Court R.G.
20953/17, 15/02/2018
Rome District Court R.G.
20923/18, 10/12/2018
Rome District Court R.G.
20924/18, 10/12/2018
Rome District Court R.G.
20925/18, 10/12/2018
Rome District Court R.G.
20929/18, 10/12/2018
Rome District Court R.G.
20928/17, 05/04/2019
Payment of court fees (“avvocato
antistatario”)
Prot. 1 Art. 1 - lack of or delayed payment of a debt by State authorities
21/06/2022
11/04/2022
280
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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