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CASE OF A.A. v. ITALY

Doc ref: 24166/94 • ECHR ID: 001-31

Document date: May 15, 1996

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Cited paragraphs: 0
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CASE OF A.A. v. ITALY

Doc ref: 24166/94 • ECHR ID: 001-31

Document date: May 15, 1996

Cited paragraphs only

In the case of A.A. 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 45/1996/664/850. 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 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 23 April 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 11 March 1996 by an Italian

national,Mrs A.A.;

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 24 October 1995

on the application (no. 24166/94) lodged with the Commission by

Mrs A.A. on 22 September 1992;

Noting that the report was transmitted to the Committee of

Ministers of the Council of Europe on 5 December 1995, in

accordance with Article 31 para. 2 (art. 31-2) of the Convention;

Whereas the applicant complained of the length of

proceedings in the Italian civil courts, to which she was a

party, 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 ... hearing

within a reasonable time by [a] ... tribunal ...";

Having regard to Articles 32 para. 1, 47 and 48 (art. 32-1,

art. 47, art. 48) of the Convention and Rule 34 paras. 1 (a), 3

and 4 of Rules of Court B,

1. Observes that, pursuant to Article 32 para. 1 (art. 32-1)

of the Convention, for the Court to have jurisdiction to

deal with an application the case must be referred to it

within a period of three months from the date of

transmission of the Commission's report to the Committee of

Ministers, failing which it falls to the Committee of

Ministers to decide whether there has been a violation of

the Convention;

2. Notes that in this case the Commission's report was

transmitted to the Committee of Ministers on

5 December 1995 and the application sent to the Court on

6 March 1996, as evidenced by the postmark, that is one day

after the expiry of the three-month period, without the

applicant's providing any explanation for this delay;

3. Considers that the file does not disclose any special

circumstance capable of interrupting or suspending the

running of the prescribed period;

4. Holds, therefore, unanimously, that it cannot consider the

application.

Done in English and in French, and notified in writing on

15 May 1996 pursuant to Rule 34 para. 4 of Rules of Court B.

Signed: Franz MATSCHER

Chairman

Signed: Herbert PETZOLD

Registrar

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