Resolution CM/ ResDH (2019) 21 Execution of the judgment s of the European Court of Human Rights Three c ase s against Italy

(Adopted by the Committee of Ministers on 30 January 2019 at the 1335 th meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

46286/09+

MAGGIO AND OTHERS

31/05/2011

31/08/2011

54425/08+

CATALDO AND OTHERS

24/06/2014

24/09/2014

3429/09+

BIRAGHI AND OTHERS

24/06/2014

24/09/2014

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 violation s of Article 6 of the Convention due to the application of a newly enacted legislation to on-going court proceedings concerning the calculation of the retirement pensions of Italian nationals who had worked in Switzerland, which had effectively decided the outcome of these proceedings in favour of the State;

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 invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the action report provided by the government indicating the individual measures adopted to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2018)277 );

Considering that the question of the individual measures was resolved in these cases, given that the pecuniary and non-pecuniary damage suffered by the applicants as a result of the violation found has been compensated by the payment of the sums awarded by the Court as just satisfaction in this respect;

Underlying that the closure of these cases in no way prejudges the Committee’s evaluation of the general measures required , to be pursued in the framework of the case of Stefanetti and Others v. Italy (Application No. 21838/10);

Recalling also that the question of the general measures required to ensure that retroactive laws are adopted and applied in strict conformity with the requirements of the Convention is examined in the framework of the Agrati and Others v. Italy group of cases (Application No. 43549/08);

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases as regards the individual measures and

DECIDES to close the examination of these cases.