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CASES OF CITARELLA, VOTTO, VOTTO RENATO, LA FAZIA, DI CROSTA, MASSIMO MARIA ASSUNTA, CIFRA, D’APOLITO, PUZELLA ET COSENTINO, MORONI, VALENTINI, FABIANO AND FURNO AGAINST ITALY

Doc ref: 28466/03, 11/04, 4733/04, 38823/04, 11000/05, 26735/05, 33226/05, 38264/05, 40261/05, 40664/05, 4080... • ECHR ID: 001-98258

Document date: March 4, 2010

  • Inbound citations: 161
  • Cited paragraphs: 2
  • Outbound citations: 1

CASES OF CITARELLA, VOTTO, VOTTO RENATO, LA FAZIA, DI CROSTA, MASSIMO MARIA ASSUNTA, CIFRA, D’APOLITO, PUZELLA ET COSENTINO, MORONI, VALENTINI, FABIANO AND FURNO AGAINST ITALY

Doc ref: 28466/03, 11/04, 4733/04, 38823/04, 11000/05, 26735/05, 33226/05, 38264/05, 40261/05, 40664/05, 4080... • ECHR ID: 001-98258

Document date: March 4, 2010

Cited paragraphs only

Resolution CM/ ResDH (2010)18 [1]

Execution of the judgments of the European Court of Human Rights

Citarella , Votto , Votto Renato, La Fazia , Di Crosta, Massimo Maria Assunta, Cifra, D ’ Apolito , Puzella and Cosentino, Moroni, Valentini , Fabiano & Furno against Italy

(see details in Appendix)

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 judgments transmitted by the Court to the Committee once they had become final;

Recalling that the violations of the Convention found by the Court in these cases concern several violations of applicants ’ rights throughout proceedings to establish their bankruptcy and/or after the closure of the bankruptcy proceedings, such as the suspension of their electoral rights, the setting of limits to their personal capacity and absence of a remedy to complain of those limits (violations of Articles 3 of P rotocol No. 1, 8 and 13) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the mea s ures taken to comply with its obligation under Article 46, paragraph 1, of the Conve n tion to abide by the judgments;

Having examined the information provided by the government in accordance with the Committee ’ s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that the respondent state paid the a p plicants the just satisfaction provided in the judgments (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgments, the adoption by the respondent state, where appropriate, of

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

- general measures preventing similar violations;

DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in these cases and

DECIDES to close the examination of these cases.

Appendix to Resolution CM/ ResDH (2010)18

Information on the measures taken to comply with the judgments in the cases of

Citarella , Votto , Votto Renato , La Fazia , Di Crosta , Massimo Maria Assunta , Cifra , D ’ Apolito , Puzella and Cosentino , Moroni , Valentini , Fabiano & Furno against Italy

Introductory case summary

These cases concern restrictions of various rights of the applicants, ordered in the framework of the bankruptcy proceedings against them and in particular:

- limits on their personal capacity: as a result of being automatically registered as bankrupt, the applicants are barred from a number of professional activities (managing agent of a property, stockbroker, auditor, arbitrator, administrator or liquidator of commercial companies) as well as from the rolls of certain professions (advocate, notary, commercial adviser). They may not obtain rehabilitation and thus put an end to these restrictions until five years after the closure of the bankruptcy proceedings. The European Court considered that this interference, based on Article 50 of the Bankruptcy Act, was not necessary in a democratic society (violations of Article 8). Furthermore, concerning this violation, the European Court held that the applicants disposed of no effective remedy (violation of Article 13);

- suspension of the electoral rights of the applicants for five years counting from the declaration of bankruptcy: the European Court found that this measure, which is applicable to bankrupts even in the absence of deceit or fraud on the sole basis of their insolvency, resulted in the marginalisation of the applicants and had the appearance of a moral sanction. This measure, provided by presidential decree No. 223 of 20/03/1967 and modified by Law No. 15 of 16/01/1992, does not in the Court ’ s view pursue any legitimate aim (violations of Article 3 of P rotocol No. 1, in the case La Fazia );

I. Payments of just satisfaction and individual measures

a) Details of just satisfaction

Name and application number

Date of judgment

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

Paid on

Citarella

28466/03

judgment of 15 January 2008

-

-

1.150,00 euros

1.150,00 euros

08/07/2008

Votto

11/04

judgment of 16 October 2007

-

-

2.000,00 euros

2.000,00 euros

04/04/2008

Votto Renato

4733/04

judgment of 23 October 2007

-

-

2.000,00 euros

2.000,00 euros

14/05/2008

La Fazia

4910/04

judgment of 16 October 2007

-

1.500,00 euros

2.000,00 euros

3.500,00 euros

04/04/2008

Di Crosta

38823/04

judgment of 13 November 2007

-

-

2.000,00 euros

2.000,00 euros

30/04/2008

Massimo Maria Assunta

11000/05

judgment of 10 March 2009

-

-

1.150,00 euros

1.150,00 euros

04/08/2009

Cifra

26735/05

judgment of 10 March 2009

-

-

2.000,00 euros

2.000,00 euros

22/09/2009

D ’ Apolito

33226/05

judgment of 10 March 2009

-

-

2.000,00 euros

2.000,00 euros

22/09/2009

Puzella and Cosentino

38264/05

judgment of 10 March 2009

-

-

1.150,00 euros

1.150,00 euros

04/08/2009

Moroni

40261/05

judgment of 10 March 2009

-

-

2.000,00 euros

2.000,00 euros

04/08/2009

Valentini

40664/05

judgment of 10 March 2009

-

-

2.000,00 euros

2.000,00 euros

04/08/2009

Fabiano

40807/05

judgment of 10 March 2009

-

-

2.000,00 euros

2.000,00 euros

04/08/2009

Furno

40824/05

judgment of 10 March 2009

-

-

2.000,00 euros

2.000,00 euros

04/08/2009

b) Individual measures

No individual measure is necessary as the restrictions on the applicants were lifted by the reform of bankruptcy law of 2006.

II. General measures

Legislative Decree No. 5/2006, adopted in January 2006 has resolved the questions raised in the Court ’ s judgments in these cases. Article 152 of this decree has repealed the provisions concerning the suspension of electoral rights and Article 47 has removed the restriction on personal capacity (for further details see Final Resolution CM/ ResDH (2008)45, adopted by the Committee of Ministers in the cases of Albanese, Campagnano and Vitiello against Italy, on 25 June 2008).

III. Conclusions of the respondent state

The government considers that no individual measures are necessary in these cases, that the general measures adopted will prevent similar violations and that Italy has thus complied with its obligations under Article 46 paragraph 1 of the Convention.

[1] Adopted by the Committee of Ministers on 4 March 2010 at the 1078 th meeting of the Ministers’ Deputies .

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