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FORTEEN CASES CONCERNING NON-EXECUTION OF COURT ORDERS TO EVICT TENANTS AGAINST ITALY

Doc ref: 46079/99, 35997/97, 48840/99, 31928/96, 60660/00, 39451/98, 42414/98, 39690/98, 63600/00, 60662/00, ... • ECHR ID: 001-83716

Document date: October 31, 2007

Inbound citations: 39
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Cited paragraphs: 0
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Outbound citations: 0

FORTEEN CASES CONCERNING NON-EXECUTION OF COURT ORDERS TO EVICT TENANTS AGAINST ITALY

Doc ref: 46079/99, 35997/97, 48840/99, 31928/96, 60660/00, 39451/98, 42414/98, 39690/98, 63600/00, 60662/00, ... • ECHR ID: 001-83716

Document date: October 31, 2007

Cited paragraphs only

Resolution CM /ResDH(2007)142 [1]

Execution of the judgments of the European Court of Human Rights

14 cases concerning non-execution of court orders to evict tenants

against Italy

(Application Nos. (see details in Appendix), friendly settlements)

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

Recalling that the admissible complaints in these cases concerned systematic infringements of landlords ' right to respect for their property because of failure to implement domestic court decisions ordering the eviction of the tenants, this failure results from a combination of the staggering of executions, the lack of assistance from the police and legislation authorising temporary suspension;

Whereas in these cases the Court, having taken formal note of friendly settlements reached by the government of the respondent state and the applicants, and having been satisfied that the settlements were based on respect for human rights as defined in the Convention or its P rotocols decided, unanimously, to strike these cases out of its list and took note of the parties ' undertaking not to request a re-hearing of the cases before the Grand Chamber;

Whereas under these friendly settlements it was agreed that the government of the respondent state would pay the applicants certain sums (see details in Appendix), within three months as from the notification of the judgments;

Recalling that the striking-out of a case which has been declared admissible is effected by means of a judgment which the P resident forwards to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2, of the Convention, the execution of any undertakings which may have been attached to the discontinuance, friendly settlement or solution of the matter;

Having invited the government of the respondent state to inform the Committee of the measures 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 government of the respondent state paid the applicants the sums provided for in the friendly settlement, in conditions accepted by the applicants (see details in Appendix);

Whereas during the examination of the cases by the Committee of Ministers, the government of the respondent state recalled that measures had already been taken to avoid new complaints of the same kind as that found in these cases (see Resolution DH(2007)84 in the cases Immobiliare Saffi and 156 other cases against Italy);

Having examined the information supplied by the government of Italy ,

DECLARES that it has exe r cised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in these cases and DECIDES to close their examination.

Appendix to Resolution CM/ResDH(2007)142

Information about the measures to comply with the judgments in 14 cases

concerning non-execution of court orders to evict tenants

against Italy

Details of payments

Case name and application No.

Date of Judgment,

final on

Global amount in ITL

Date of payment

BIFFONI 46079/99

24/10/2002 final on 24/10/2002

7 500

10/02/2003

CANDELA 35997/97

30/01/2003 final on 30/01/2003

8 000

07/05/2003

CARLONI TARLI 48840/99

30/05/2003 final on 30/05/2003

5 000

08/10/2003

F. and F. 31928/96

24/10/2002 final on 24/10/2002

6 000

10/02/2003

FERRETTI 60660/00

06/03/2003 final on 06/03/2003

6 085

30/06/2003

FIORENTINI VIZZINI 39451/98

19/12/2002 final on 19/12/2002

6 000

08/04/2003

G.G. 42414/98

20/02/2003, final on 20/02/2003

5 085

26/06/2003

GIANOTTI 39690/98

03/10/2002 final on 03/10/2002

4 500

29/01/2003

NOTARGIACOMO 63600/00

09/10/2003 final on 09/10/2003

7 100

20/01/2004

NUTI 60662/00

03/07/2003 final on 03/07/2003

6 200

21/10/2003

SARTORELLI 47895/99

24/10/2002 final on 24/10/2002

12 000

10/02/2003

SAVARESE 55673/00

20/02/2 003 final on 20/02/2003

2 500

09/07/2003

TACCHINO and SCORZA 34714/97

18/07/ 2002 final on 18/07/2002

6 500

29/1 0/2002

VISCA 36734/97

07/11/2002 final on 07/11/2002

10 500

11/02/2003

[1] Adopted by the Committee of Ministers on 31 October 2007 at the 1007th meeting of the Ministers’ Deputies

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