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CASE OF GRIGNANO v. ITALY

Doc ref: 26408/95 • ECHR ID: 001-56

Document date: July 31, 1996

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CASE OF GRIGNANO v. ITALY

Doc ref: 26408/95 • ECHR ID: 001-56

Document date: July 31, 1996

Cited paragraphs only

In the case of Grignano v. Italy (1),

The Screening Panel of the European Court of Human Rights,

constituted in accordance with Article 48 para. 2 (art. 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),

_______________

Notes by the Registrar

1. The case is numbered 52/1996/671/857. 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 the States bound by Protocol No. 9 (P9).

_______________

Sitting in private at Strasbourg on 28 June 1996, and composed

of the following judges:

Mr F. Matscher, Chairman,

Mr L.-E. Pettiti,

Mr C. Russo,

and also of Mr H. Petzold, Registrar,

Having regard to the application against the Italian Republic

lodged with the Court on 25 March 1996 by an Italian national,

Mr Giovanni Grignano, within the three-month period laid down by

Article 32 para. 1 and Article 47 (art. 32-1, art. 47) of the

Convention;

Whereas Italy has recognised the compulsory jurisdiction of the

Court (Article 46 of the Convention) (art. 46) and ratified

Protocol No. 9 (P9) to the Convention, Article 5 (P9-5) of which amends

Article 48 (art. 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 para. 1 (a) or (d) (art. 48-1-a, art. 48-1-d) of the

Convention;

Having regard to the Commission's report of 23 January 1996 on

the application (no. 26408/95) lodged with the Commission by

Mr Grignano on 16 June 1993;

Whereas the applicant complained of the length of proceedings in

an Italian civil court, to which he is a party, and that he did not

have a fair trial before an impartial tribunal and alleged a breach of

Article 6 para. 1 (art. 6-1) of the Convention, under which "In the

determination of his civil rights and obligations ..., everyone is

entitled to a fair ... hearing within a reasonable time by an ...

impartial tribunal ... ";

Whereas on 24 October 1995 the Commission declared admissible

only the complaint relating to the length of the civil proceedings, the

complaint relating to a fair trial before an impartial tribunal not

having been submitted to it by the applicant;

Whereas the applicant, in specifying the object of his

application, as required by Rule 34 para. 1 (a) of Rules of Court B,

stated that he sought a decision by the Court holding that there had

been a breach of Article 6 para. 1 (art. 6-1) of the Convention and

ordering the respondent State to pay him compensation for the damage

he had allegedly sustained on account of the length of the proceedings

in issue and the lack of impartiality of the civil court dealing with

the case;

Having regard to Article 48 (art. 48) of the Convention and

Rule 34 paras. 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 para. 1 (art. 6-1) of the

Convention, while consideration of the complaint relating

to a fair trial before an impartial tribunal lies outside

its jurisdiction, as the applicant raised it for the first

time in his application to the Court; 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

31 July 1996 pursuant to Rule 34 para. 4 of Rules of Court B.

Signed: Franz MATSCHER

Chairman

Signed: Herbert PETZOLD

Registrar

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