Resolution ResDH (2003)165

concerning the judgment of the European Court of Human Rights of 25 May 2000 (Friendly settlement) in the case of Esposito Luigi against Italy

(Adopted by the Committee of Ministers on 20 October 2003 at the 854th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),

Having regard to the final judgment of the European Court of Human Rights in the Esposito case delivered on 25 May 2000 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;

Recalling that the case originated in an application (No. 20855/92) against Italy, lodged with the European Commission of Human Rights on 8 January 1992 under former Article 25 of the Co n vention by Mr Luigi Esposito , an Italian national, and that the Commission declared admissible the applicant’s complaint concerning his prolonged inability to recover possession of his apartment, through lack of police assistance in enforcing judicial eviction orders against the tenants as well as the duration of the eviction proceedings;

Recalling that, on 1 November 1999, the case was transferred to the Court under Article 5, paragraph 3, of Protocol No. 11 to the Convention;

Whereas in its judgment of 25 May 2000 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided, unanimously to strike the case out of its list and took note of the parties’ undertaking not to request a re-hearing of the case before the Grand Chamber;

Whereas under the above-mentioned friendly settlement it was agreed that the Government of Italy would pay the applicant, the sum of 119 864 000 Italian lire, i.e. 35 000 000 Italian lire in respect of non-pecuniary damage, 74 864 000 Italian lire in respect of pecuniary damage and 10 000 000 Italian lire in respect of costs and expenses, as from the notification of the judgment;

Recalling that Rule 44, paragraph 2, of the Rules of the Court provides that the striking out of a case shall be effected by means of a judgment which the President shall forward 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 or solution of the matter;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that on 25 August 2000 the government of the respondent state had paid the applicant the sum provided for in the friendly settlement and that no other measure was required in the present case to conform to the Court’s judgment,

Recalling that, as regard the applicant’s complaint declared admissible in this case, the Committee of Ministers is at present supervising the execution of some judgments of the Court (in particular the judgment Immobiliare Saffi of 28 July 1999) and decisions of the Committee of Ministers, under former Article 32 of the Convention, finding in particular a violation of Article 1 of Protocol No. 1 to the Convention on account of the prolonged failure to enforce judicial eviction orders;

Whereas, in this connection, the Italian authorities informed the Committee of Ministers that they were envisaging new general measures (in addition to the adoption, in December 1998, of the law No. 431/98 “regulations concerning the renting and the repossession of housing”, which sets inter alia the conditions, modalities and deadlines for the implementation of eviction proceedings) in order to put an end to the serious problem of non-enforcement of judicial eviction orders, so as to prevent new violations similar to those already found in the above-mentioned cases,

Declares, after having examined the information supplied by the Government of Italy, that it has exe r cised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in this case.