Resolution CM/ ResDH (2018)126 Execution of the judgments of the European Court of Human Rights G.N. and others against Italy

(Adopted by the Committee of Ministers on 4 April 2018 at the 1312 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

43134/05

G.N. AND OTHERS

01/12/2009

15/03/2011

01/03/2010

15/03/2011

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 established of Article 2 taken alone and in combination with Article 14 of the Convention due to the excessive length of compensation proceedings brought by the applicants for the damage sustained following transfusions of infected blood and the difference, based on pathology type, in compensation arrangements;

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 measures adopted in order to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2017)845 );

Recalling that the question of the excessive length of the judicial proceedings dealing with an arguable complaint under Article 2 will continue to be followed in the framework of the cases G.G. and Others v. Italy (Application No. 3168/11) and D.A. and Others v. Italy (Application No. 68060/12),

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.