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MALIZIA AND OTHERS v. ITALY
Doc ref: 16814/21;16816/21;27608/21;33556/21;35378/21;35380/21;35387/21 • ECHR ID: 001-219852
Document date: September 8, 2022
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MALIZIA AND OTHERS v. ITALY
Doc ref: 16814/21;16816/21;27608/21;33556/21;35378/21;35380/21;35387/21 • ECHR ID: 001-219852
Document date: September 8, 2022
Cited paragraphs only
FIRST SECTION
DECISION
Application no. 16814/21 Lina MALIZIA against Italy and 6 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 8 September 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 declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases, and the applicants’ replies to these declarations,
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 “Pinto” domestic decisions were communicated to the Italian Government (“the Government”).
The Government submitted a declaration with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications.
The Government acknowledged the non-enforcement or delayed enforcement of domestic decisions. They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amounts 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 cases.
The applicants informed the Court that they agreed to the terms of the declarations.
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 finds that, following the applicants’ express agreement to the terms of the declaration made by the Government, the cases should be treated as a friendly settlement between the parties.
It therefore 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 the 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 29 September 2022.
Viktoriya Maradudina Krzysztof Wojtyczek Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1
(non-enforcement or delayed enforcement of “Pinto” domestic decisions)
No.
Application no. Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Relevant domestic
decision
Date of receipt of Government’s declaration
Date of receipt of applicant’s acceptance
Amount awarded for non ‑ pecuniary damage per applicant (in euros) [1]
Amount awarded for costs and expenses per application
(in euros) [2]
16814/21
22/03/2021
Lina MALIZIA
1954Falbo Cristina
Cosenza
Catanzaro Court of
Appeal R.G. 1144/2017,
09/01/2018
17/02/2022
25/03/2022
200
30
16816/21
22/03/2021
Francesco CILIO
1976Falbo Cristina
Cosenza
Catanzaro Court of
Appeal R.G. 597/2017,
18/11/2017
17/02/2022
25/03/2022
200
30
27608/21
11/05/2021
Calogero LI MULI
1975Savoca Alessandro
Palermo
Palermo Court of
Appeal R.G. 163/2020,
03/04/2020
17/02/2022
10/03/2022
200
30
33556/21
21/06/2021
Arcangelo TAURIELLO
1974Faggella Giuseppe
San Fele
Potenza Court of
Appeal R.G. 39/16,
01/03/2016
17/02/2022
16/03/2022
200
30
35378/21
26/06/2021
Agnese RICIGLIANO
1982Cassino Caterina
Ruoti
Potenza Court of
Appeal RG 263/17,
19/07/2017
17/02/2022
16/03/2022
200
30
35380/21
26/06/2021
Angelo D’ANGELO
1947Faggella Giuseppe
San Fele
Potenza Court of
Appeal RG 70/2017,
24/02/2017
17/02/2022
16/03/2022
200
30
35387/21
26/06/2021
Giovanni LIONE
1981Faggella Giuseppe
San Fele
Rome Court of
Appeal RG 59004/06,
29/09/2008
17/02/2022
16/03/2022
200
30[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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