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DEL BIANCO AND OTHERS v. ITALY
Doc ref: 31207/08;24190/09;8195/11;34517/12;13858/15;58692/16 • ECHR ID: 001-219433
Document date: August 25, 2022
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DEL BIANCO AND OTHERS v. ITALY
Doc ref: 31207/08;24190/09;8195/11;34517/12;13858/15;58692/16 • ECHR ID: 001-219433
Document date: August 25, 2022
Cited paragraphs only
FIRST SECTION
DECISION
Application no. 31207/08 Maria Angela DEL BIANCO against Italy and 5 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 25 August 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 of the Convention concerning the non-enforcement or delayed enforcement of domestic decisions were communicated to the Italian Government (“the Government”). In some applications complaints based on the same set of facts were also communicated to the Government (see appended table below).
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 undertook to ensure the enforcement of the domestic decisions under consideration in the cases concerned (see appended table) within the same three-month period, where the final judgments have remained unenforced.
The payment and, where relevant, 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 15 September 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/ registration
Representative’s name and location
Other complaints under well ‑ established case ‑ law
Relevant domestic decisions
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]
31207/08
16/06/2008
Maria Angela DEL BIANCO
1941Gullotta Fabio
Rome
Prot. 1 Art. 1 - lack of or delayed payment of a debt by State authorities
Rome
Court of Appeal
no. 2792/06, 12/06/2006
20/04/2022
05/01/2022
2,400
250
24190/09
21/04/2009
Monica CIOPPA
1965Maria Vittoria DI CURZIO
1941Leo Pietro
Benevento
Prot. 1 Art. 1 - lack of or delayed payment of a debt by State authorities
Regional
Administrative Court
no. 6380/05,
10/03/2005
20/04/2022
16/06/2022
2,400
250
8195/11
10/01/2011
Monica CIOPPA
1965Maria Vittoria DI CURZIO
1941Leo Pietro
Benevento
Naples
Court of Appeal
no. 962/10, 19/03/2010
20/04/2022
20/02/2022
4,000
250
34517/12
22/05/2012
Vita SCIRÈ
1936Grazia Maria GRIGNANO
1965Maria Antonia GRIGNANO 1964
Piacentino Massimo
Trapani
Prot. 1 Art. 1 - lack of or delayed payment of a debt by State authorities - Applicants deprived of their property without compensation
Palermo
Court of Appeal
R.G. no. 1928/04,
14/10/2009
20/04/2022
20/01/2022
9,600
250
13858/15
16/03/2015
AVENTINO FRUTTA A.R.L.
1964Buffolo Andrea
Rome
Art. 6 (1) – non ‑ enforcement or delayed enforcement of domestic decisions - Impossibility to obtain through enforcement proceedings the payment of debts incurred by the Municipality of Rome (De Luca v. Italy, no. 43870/04, 24 September 2013, §§ 65-74).
Rome
Court of Appeal
R.G. 6173/06,
06/05/2014
20/04/2022
05/01/2022
9,600
250
58692/16
30/09/2016
Maria Bruna SIMONCELLI
1946Lizza Egidio
Rome
Rome
Court of Appeal
no. 1422/15,
03/03/2015
20/04/2022
20/12/2021
2,400
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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