Information Note on the Court’s case-law 18

May 2000

Esposito v. Italy - 20855/92

Judgment 25.5.2000 [Section II]

Article 6

Civil proceedings

Article 6-1

Access to court

Absence of possibility of court review of prefectoral decisions staggering the granting of police assistance in enforcement of eviction orders: friendly settlement

Article 1 of Protocol No. 1

Article 1 para. 2 of Protocol No. 1

Control of the use of property

Staggering of the granting of police assistance to enforce eviction order: friendly settlement

The applicant gave notice to the tenant of an apartment which he owns. By an order which became final in 1986, the first instance judge ( pretore ) formally confirmed the notice and decided that the premises should be vacated by 31 December 1987. The tenant’s appeal was rejected by the Rome court. A bailiff attempted on numerous occasions to evict the tenant but was unsuccessful because the laws on suspension and staggering of enforcement of eviction decisions did not allow the applicant to benefit from police assistance. The tenant vacated the apartment in February 2000.

The parties have reached a friendly settlement providing for payment to the app licant of 119,864,000 lire (ITL), made up of 35 million lire in respect of non-pecuniary damage, 74,864,000 lire in respect of pecuniary damage and 10 million lire in respect of costs and expenses.

© Council of Europe/European Court of Human Rights This s ummary by the Registry does not bind the Court.

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