Resolution CM/ ResDH (2019)63 Execution of the judgments of the European Court of Human Rights Five cases against Italy

(Adopted by the Committee of Ministers on 27 March 2019 at the 1342 nd meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

26128/04

MESSANA

09/02/2017

09/05/2017

37189/05

MESSANA

07/09/2017

07/09/2017

30801/06

MESSANA

16/11/2017

16/11/2017

37199/05

MESSANA

16/11/2017

16/11/2017

17527/05

CONTI AND LORI

16/11/2017

16/11/2017

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 judgments transmitted by the Court to the Committee in these cases and to the violations of Article 1 of Protocol No. 1 established on account of the absence of sufficient safeguards and/or the excessively restrictive rules on compensation for emergency expropriations by local authorities ("indirect expropriation");

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;

Noting that the just satisfaction awarded by the Court in these cases has been paid and considering that the question of individual measures has therefore been resolved, since the damage suffered by the applicants as a result of the violations found has been compensated by the payment of the sums awarded by the European Court in this respect;

Recalling that the questions relating to the violations of Article 1 of Protocol No. 1 established in these cases were examined in the context of the supervision of the Belvedere Alberghiera S.R.L. group of cases (see Final Resolution CM/ ResDH (2017)138 );

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 these cases and

DECIDES to close the examination thereof.