Information Note on the Court’s case-law 66

July 2004

K. v. Italy - 38805/97

Judgment 20.7.2004 [Section II]

Article 35

Article 35-1

Exhaustion of domestic remedies

Effective domestic remedy

Non-application of the Pinto law remedy by an applicant who was not party to the inter-state enforcement proceedings: preliminary objection dismissed

Extract (Article 6): “(…) the terms of Article 1 of Law n o 89 of 2001 a re sufficiently wide to demonstrate the existence of a remedy before the civil courts for the undue length of proceedings. By availing themselves of this remedy, applicants may obtain a ruling as to the compatibility of the proceedings at issue with the re asonable time requirement of Article 6 § 1 of the Convention and, if need be, to obtain just satisfaction.

However, in the Court’s opinion, the Government have not shown that an applicant, who is not a party to the domestic proceedings, albeit concerned b y them, could effectively apply to the Court of Appeal. Moreover, it would appear that it is mainly for the Receiving Agency, within the meaning of the aforementioned UN Convention [on the recovery abroad of maintenance], to enforce the special procedure i n the interests of the applicant. The Court concludes, therefore, that the applicant was dispensed from the obligation to exhaust the remedy suggested by the Government.”

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

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