Resolution CM/ ResDH (2008) 76 [1]

Execution of the judgment of the European Court of Human Rights

Beyeler against Italy

(Application No. 33202/96, judgment of 28 May 2002, final on 28 May 2002)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the P rotection 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 judgment transmitted by the Court to the Committee once it had become final;

Recalling that the violation of the Convention found by the Court in this case concerns a breach of the applicant ’ s right to respect for his property as he had to bear a disproportionate and excessive burden on account of the conditions under which, in 1988, the respondent state exercised its pre-emptive right to a painting the applicant had acquired in 1997 (violation of Article 1 of P rotocol No. 1) (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 Italy ’ s obligation under Article 46, paragraph 1, of the Conve n tion to abide by the judgment;

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 plicant the just satisfaction provided in the judgment (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its 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

- of 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 this case and

DECIDES to close the examination of this case.

Appendix to Resolution CM/ ResDH (2008)76

Information about the measures to comply with the judgment in the case of

Beyeler against Italy

Introductory case summary

The case concerns a breach of the applicant ’ s right to respect for his property as he had to bear a disproportionate and excessive burden on account of the conditions under which, in 1988, the respondent state exercised its pre-emptive right to a painting the applicant had acquired in 1997 (violation of Article 1 of P rotocol No. 1).

The European Court found that, from 1983 to 1988, the respondent state left the applicant in a state of uncertainty regarding its intention to exercise its right of pre-emption. The Court considered that the authorities benefited unduly from that uncertainty, to which they had largely contributed.

I. P ayment of just satisfaction and individual measures

a) Details of just satisfaction

P ecuniary damage

Non-pecuniary damage

Costs and expenses

Total

1 300 000 EUR

-

55 000 EUR

1 355 000 EUR

P aid on 10/09/2002

b) Individual measures

The Court considered that the nature of the violation found did not allow restitutio in integrum . It therefore awarded the applicant just satisfaction in respect of the pecuniary damage sustained .

II. General measures

Given the isolated nature of the violation, t he publication and dissemination of the judgment are sufficient to prevent new, similar violations. The judgment was published, in Italian, in Il foro italiano , 2000 No. 3.

III. Conclusions of the respondent state

The government considers that the measures taken have remedied the consequences for the applicant of the violation of the Convention found by the European Court in this case, that they will prevent new, 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 8 October 2008 at the 1035th meeting of the Ministers’ Deputies