Resolution ResDH (2003)115

concerning the judgment of the European Court of Human Rights of 15 November 2002 (Friendly settlement) in the case of Fabbrini against Italy

(Adopted by the Committee of Ministers on 17 June 2003 at the 841st 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 Fabbrini case delivered on 15 November 2002 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. 33115/96) against Italy, lodged with the European Commission of Human Rights on 12 June 1996 under former Article 25 of the Co n vention by Mr Alberto Fabbrini , an Italian national , and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the applicant’ s complaints concerning his prolonged inability to recover possession of his apartment, through lack of police assistance in enforcing judicial eviction orders against the tenants and the excessive length of the eviction proceedings;

Whereas in its judgment of 15 November 2002 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 global sum of 2 200 euros, 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 10 February 2003, within the time-limit agreed to under the terms of the friendly settlement, 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 regards the applicant’s complaints declared admissible in this case, the Committee of Ministers is at present supervising the execution of several judgments of the Court (in particular the judgment in the Immobiliare Saffi case of 28 July 1999) and decisions of 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 to an end the serious problem of non-enforcement of judicial eviction orders, so as to prevent new violations similar to that found in the above-mentioned case,

Declares, on the basis of the information supplied by the Government of Italy, that the Committee of Ministers has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in the friendly settlement reached in this case.