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13 CASES AGAINST ITALY (SEE APPENDIX) RELATING TO THE EXCESSIVE LENGTH OF PROCEEDINGS CONCERNING CIVIL RIGHTS AND OBLIGATIONS BEFORE THE COURT OF AUDIT

Doc ref: 54288/00, 54291/00, 54309/00, 54292/00, 54290/00, 54310/00, 54280/00, 54306/00, 54308/00, 54279/00, ... • ECHR ID: 001-56321

Document date: April 24, 2003

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13 CASES AGAINST ITALY (SEE APPENDIX) RELATING TO THE EXCESSIVE LENGTH OF PROCEEDINGS CONCERNING CIVIL RIGHTS AND OBLIGATIONS BEFORE THE COURT OF AUDIT

Doc ref: 54288/00, 54291/00, 54309/00, 54292/00, 54290/00, 54310/00, 54280/00, 54306/00, 54308/00, 54279/00, ... • ECHR ID: 001-56321

Document date: April 24, 2003

Cited paragraphs only

Resolution ResDH (2003)74

concerning the judgments of the European Court of Human Rights

of 28 March 2002 (final on 28 June 2002)

in 13 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 13 cases listed in the Appendix to this resolution, delivered on 28 March 2002 and transmitted to the Committee of Ministers once they had become final under Articles 44 and 46 of the Convention;

Recalling that the cases originated in applications against Italy, lodged either with the Court on 17 November 1998 under Article 34 of the Convention or with the European Commission of Human Rights between 14 May 1997 and 22 October 1998 under former Article 25 of the Convention by 13 Italian nationals, and that the Court, seised of the latter 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 March 2002 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 3% 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 March 2002, 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, within the time-limit set, the government of the respondent state had paid the applicants the sums provided for in the judgments of 28 March 2002, 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)74

Details of the just satisfaction awarded to the applicants

Cases

Non-Pecuniary damage

Costs and expenses

Total

Payment on

ANDREOZZI Pasqualino

54288/00

36 151,98 euros

500 euros

36 651,98 euros

04/07/2002

CAPRONI Maddalena Enrica

54291/00

34 000 euros

5 000 euros

39 000 euros

04/07/2002

CARRETTA Ruggero

54309/00

14 000 euros

500 euros

14 500 euros

21/06/2002

CERASOMMA Roberto

54292/00

20 000 euros

2 000 euros

22 000 euros

04/07/2002

D’AGOSTINO Francesco

54290/00 and 54310/00

50 000 euros

1 000 euros

51 000 euros

04/07/2002

GIORDANO Sabatino

54280/00

46 000 euros

2 000 euros

48 000 euros

04/07/2002

MASIA Antonello

54306/00

14 000 euros

500 euros

14 500 euros

04/07/2002

MIGNANELLI Enrica

54308/00

44 000 euros

500 euros

44 500 euros

18/06/2002

PRETE Teresa

54279/00

15 493,71 euros

2 000 euros

17 493,71 euros

04/07/2002

RADICCHI Iole

54284/00

42 000 euros

04/07/2002

SPATRISANO Pasquale

54303/00

26 000 euros

500 euros

26 500 euros

26/06/2002

TAMBURRINI Luigi

54305/00

14 000 euros

500 euros

14 500 euros

21/06/2002

TATANGELO Giuseppe

54285/00

20 000 euros

04/07/2002

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