Resolution CM/ ResDH (2018)361 Execution of the judgments of the European Court of Human Rights Five cases against Italy

(Adopted by the Committee of Ministers on 3 October 2018 at the 1326 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

18791/03

GROSSI AND OTHERS

06/07/2006

14/12/2010

30/10/2012

06/10/2006

20/06/2011

18/03/2013

30227/03

CAPOCCIA

05/10/2006

14/12/2010

05/01/2007

14/03/2011

3528/03

CAPOZZI

03/08/2006

14/12/2010

03/11/2006

14/03/2011

70800/01

CHILLEMI

18/12/2012

18/12/2012

9167/05

QUINTILIANI

06/10/2015

06/10/2015

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"); having also regard to the violation of Article 6, paragraph 1, established in the Chillemi case on account of the insufficient amount of the compensation awarded by the national courts in the framework of a remedy open since 2001 to victims of excessively lengthy proceedings (“Pinto” remedy);

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;

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 Court in this respect;

Recalling that the questions relating to the violation 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 ( Final Resolution CM/ ResDH (2017)138 );

A lso r ecalling that the issues relating to the insufficient amount of compensation awarded under the "Pinto" Act were examined in the framework of the supervision of a number of cases in the Giuseppe Mostacciuolo (No. 1) group (Final Resolution CM/ R esDH (2015)155 );

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.