Resolution ResDH (2003)76

concerning the judgments of the European Court of Human Rights

of 28 April 2000 (final on 29 June 2000)

in four cases against Italy (see Appendix) relating to the excessive length of proceedings concerning civil rights and obligations before the Court of Audit

(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 judgments of the European Court of Human Rights in the four cases listed in the Appendix to this resolution, delivered on 28 April 2000 and transmitted to the Committee of Ministers once they had become final under Articles 44 and 46 of the Convention;

Recalling that the judgments of the Court became final on 29 June 2000 since, at this date, the government of the respondent state was informed that the requests for a re-hearing before the Grand Chamber had been dismissed;

Recalling that the cases originated in applications against Italy, lodged with the European Commission of Human Rights between 24 November 1996 and 9 April 1998 under former Article 25 of the Convention by four Italian nationals, and that the Court, seised of the cases under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaints related to the excessive length of certain proceedings concerning civil rights and obligations before the Court of Audit;

Whereas in its judgments of 28 April 2000 concerning these cases the Court unanimously:

- held that there had been a violation of Article 6, paragraph 1, of the Convention;

- held that the government of the respondent state was to pay the applicants, within three months from the date on which the judgments became final, certain sums (details of which appear in the appendix to this resolution) as just satisfaction and that simple interest at an annual rate of 2,5% would be payable on those sums from the expiry of the above-mentioned three months until settlement;

- dismissed the remainder of the applicants’ claim for just satisfaction;

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

Having invited the government of the respondent state to inform it of the measures which had been taken in consequence of the judgments of 28 April 2000, having regard to Italy’s obligation under Article 46, paragraph 1, of the Convention to abide by it;

Having satisfied itself that on the dates indicated in the Appendix, after expiry of the time-limit set, the government of the respondent state had paid the applicants the sums provided for in the judgments of 28 April 2000, and that the default interest due was paid on 6 December 2000, and that no other measure was required in the present cases to conform to 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 these cases.

Appendix to Resolution ResDH (2003)76

Details of the just satisfaction awarded to the applicants

Cases

Non-Pecuniary damage

Costs and expenses

Total

Payment on

CARDILLO Ottaviano Ascanio Italo

41833/98

70 000 000 Italian lire

70 000 000 Italian lire

01/12/2000

SINAGOGA Domenico

41820/98

30 000 000 Italian lire

30 000 000 Italian lire

24/11/2000

VAY Anna Maria

41841/98

17 000 000 Italian lire

3 000 000 Italian lire

20 000 000 Italian lire

20/11/2000

VERO Francesco

41818/98

80 000 000 Italian lire

80 000 000 Italian lire

20/11/2000