Comité de filtrage /Screening Panel

AFFAIRE GIACOMON c. ITALIE

CASE OF GIACOMON v. ITALY

( 79 / 1998 / 982 / 1197 )

DECISION

STRASBOURG

6 octobre/October 1998

In the case of Giacomon v. Italy [1] ,

The Screening Panel of the European Court of Human Rights, constituted in accordance with Article 48 § 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) and Rule 26 of Rules of Court B [2] ,

Sitting in private at Strasbourg on 25 September 1998, and composed of the following judges:

Mr A.N. Loizou , Chairman , Mr C. Russo , Mr J.M. Morenilla , and also of Mr H. Petzold , Registrar ,

Having regard to the application against the Italian Republic lodged with the Court on 4 August 1998 by an Italian national, Mr Luigi Giacomon , within the three-month period laid down by Article 32 § 1 and Article 47 of the Convention;

Whereas Italy has recognised the compulsory jurisdiction of the Court (Article 46 of the Convention) and ratified Protocol No. 9 to the Convention, Article 5 of which amends Article 48 of the Convention so as to enable a person, non-governmental organisation or group of individuals having lodged a complaint with the European Commission of Human Rights (“the Commission”) to refer the case to the Court;

Noting that the present case has not been referred to the Court by either the Government of the respondent State or the Commission under Article 48 § 1 (a) or (d) of the Convention;

Having regard to the Commission’s report of 10 March 1998 on the application (no. 35266/97 ) lodged with the Commission by Mr Giacomon on 18 July 1993 ;

Whereas the applicant complained of the length and unfairness of proceedings in an Italian civil court, to which he is a party (Article 6 § 1 of the Convention), and of the lack of an effective remedy in Italian law to challenge an expert opinion unfavourable to his case (Article 13);

Whereas on 9 December 1997 the Commission declared admissible the complaint relating to the length of the proceedings and declared the remainder of the application inadmissible;

Whereas the applicant, in specifying the object of his application, as required by Rule 34 § 1 (a) of Rules of Court B, stated that he sought a decision by the Court holding that there had been breaches of Articles 6 § 1 and 13 of the Convention and ordering the respondent State to pay him just satisfaction in compensation for the damage he had allegedly sustained on account of the breaches alleged;

Having regard to Article 48 of the Convention and Rule 34 §§ 1 (a), 3 and 4 of Rules of Court B,

1 . Finds that

(a) the case raises no serious question affecting the interpretation or application of the Convention, as the Court has already established case-law on the “reasonable time” requirement in Article 6 § 1 of the Convention, while consideration of the other complaints lies outside the Court’s jurisdiction as the Commission has declared them inadmissible; and

(b) the case does not, for any other reason, warrant consideration by the Court as, in the event of a finding that there has been a breach of the Convention, the Committee of Ministers of the Council of Europe can award the applicant just satisfaction, having regard to any proposals made by the Commission;

2 . Decides , therefore, unanimously, that the case will not be considered by the Court.

Done in English and in French, and notified in writing on 6 October 1998 pursuant to Rule 34 § 4 of Rules of Court B.

Signed : Andreas Nicolas Loizou

Chairman

Signed : Herbert Petzold

Registrar

[1] Notes by the Registrar

. The case is numbered 79 / 1998 / 982 / 1197 . The first number is the case’s position on the list of cases referred to the Court in the relevant year (second number). The last two numbers indicate the case’s position on the list of cases referred to the Court since its creation and on the list of the corresponding originating applications to the Commission.

[2] . Rules of Court B, which came into force on 2 October 1994, apply to all cases concerning States bound by Protocol No. 9.