Resolution CM/ ResDH ( 2021)30

Execution of the judgments of the European Court of Human Rights

M.C. and Others against Italy

(Adopted by the Committee of Ministers on 11 March 2021 at the 1398 th meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

5376/11

. M.C. AND OTHERS

03/09/2013

26/05/2016

03/12/2013

26/05/2016

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

Having regard to the final judgment transmitted by the Court to the Committee in this case and to the violations of Article 6, paragraph 1, and of Article 1 of Protocol No. 1 taken alone or in conjunction with Article 14, established on account of a legislative intervention which had cancelled retrospectively and in a discriminatory manner the benefit of an annual adjustment based on the inflation rate of the supplementary component (the “IIS”) of a compensation allowance paid to persons accidentally contaminated following blood transfusions or by the administration of blood derivatives;

Recalling the respondent State ’ s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Having examined the action report and the additional submissions provided by the government indicating the measures adopted to give effect to this pilot judgment (see documents DH-DD(2018)164 and DH-DD(2020)1132 );

Welcoming the determination demonstrated by the Italian authorities to provide an effective comprehensive response to the structural problem highlighted by this judgment including through sustained financial efforts;

Noting with satisfaction, as regards the individual measures, that the authorities have compensated the applicants for the non-pecuniary damage suffered and the costs and expenses incurred and have moreover guaranteed them the full benefit of the annual adjustment of the IIS retrospectively and for the future;

Noting further with satisfaction that the general measures adopted have ensured, on the one hand, that the IIS is now submitted to an annual adjustment based on the inflation rate and regularly paid to all the beneficiaries and, on the other hand, that the beneficiaries (or their heirs) received full payment of the arrears corresponding to the adjustment of the IIS from the date the compensation allowance was granted to them;

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination thereof.