Resolution CM/ResDH(2008) 46 [1]

Execution of the judgment of the European Court of Human Rights

K. against Italy

(Application No. 38805/97, judgment of 20 July 2004, final on 15 December 2004)

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 the excessive length of proceedings to obtain enforcement in Italy of a P olish judgment of 1993 ordering payment of maintenance to the applicant ' s daughter by her father ( violation of Article 6, paragraph 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 as well as the default interest (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)46 ...

Information about the measures taken to comply with the judgment in the case of K. against Italy

Introductory case summary

The case concerns the excessive length of proceedings to obtain enforcement in Italy of a P olish judgment of 1993 ordering payment of maintenance to the applicant ' s daughter by her father. The proceedings were brought by the Italian state on behalf of the applicant, a P olish national pursuant to the United Nations Convention on the Recovery of Maintenance Abroad and lasted 8½ years, from 1994 to 2002 (violation of Article 6§1).

The European Court considered that the overall length of the proceedings did not respect the principle of reasonnable time. The Court took account in particular of long periods of inactivity from the Italian authorities before proceedings began before the P erugia Appeal Court (from 1994 to 1996) then at the enforcement stage (from 1999 to 2000).

I. P ayment of just satisfaction and individual measures

a) Details of just satisfaction

P ecuniary damage

Non-pecuniary damage

Costs and expenses

Total

-

12 000 EUR

-

12 000 EUR

P aid on 19/05/2005

b) Individual measures

The part of the proceedings for which the Italian authorities were responsible ended in 2002. The European court awarded the applicant just satisfaction in respect of the non-pecuniary damage sustained. No further individual measure seems necessary.

II. General measures

The violation of the Convention in this case is unusual and unlike the other cases of excessive length of proceedings. The European court found that the delays were imputable to administrative authorities prior to and following the proceedings before the court of appeal. The Interior Ministry organised a number of meetings in 2005 to look at the problems raised in this case and ensure the violation of the Convention will not be repeated. The European Court ' s judgment has been posted on the internet site of the Court of Cassation www.cortedicassazione.it

III. Conclusions of the respondent state

The government considers that the measures taken have fully remedied the consequences for the applicant of the violation of the Convention found by the European Court in this case, that these measures 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 25 June 2008 at the 1028th meeting of the Ministers’ Deputies