Resolution ResDH (2003)79 concerning the judgment of the European Court of Human Rights of 6 November 2001 (Friendly settl ement) in the case of Fermi and others against Italy

(Adopted by the Committee of Ministers on 24 April 2003 at the 834th 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 case of Fermi and others case delivered on 6 November 2001 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. 44401/98) against Italy, lodged with the European Commission of Human Rights on 30 April 1997 under former Article 25 of the Convention by Ms Fernanda Fermi, Mr Fabrizio Costa, Mr Francesco Costa and Ms Daniela Costa, Italian nationals, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint relating to the excessive length of certain proceedings concerning civil rights and obligations before the Court of Audit;

Whereas in its judgment of 6 November 2001 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 each of the applicants, the sum of 17 000 000 Italian lire in respect of the damage suffered, 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 3 December 2001, within the time-limit agreed to under the terms of the friendly settlement, the government of the respondent state had paid the applicants the sums provided for in the friendly settlement and that no other measure was required in the present case to comply with the Court’s judgment,

Declares, after having taken note of the information supplied by the Government of Italy, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.