Resolution ResDH (2003)167

concerning the judgment of the European Court of Human Rights of 6 February 2003 (Friendly settlement) in the case of Gramiccia 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 Gramiccia case delivered on 6 February 2003 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. 57636/00) against Italy, lodged with the European Court of Human Rights on 23 April 2000 under Article 34 of the Co n vention by Ms Valeria Gramiccia and Ms Anna Gramiccia , two Italian nationals, and that the Court declared admissible the applicants’ complaint relating to their prolonged inability to recover possession of their apartment, through lack of police assistance in enforcing judicial eviction against their tenants as well as to the duration of the eviction proceedings;

Whereas in its judgment of 6 February 2003 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicants, 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 applicants, the global sum of 4 085 euros (2 042,50 euros to each applicant), within three months 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 7 May 2003, one day after the expiry of the time-limit set, the government of the respondent state had paid the applicants the sums provided for in the friendly settlement and having taken note of the fact that, in view of the minimal sum involved, the applicants had waived their right to default interest, and that no other measure was required in the present case to conform to the Court’s judgment;

Recalling that, as regard the applicants’ 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.