Resolution ResDH (2002)51 concerning the judgment of the European Court of Human Rights of 28 September 2000 in the case of Brunno against Italy

(Adopted by the Committee of Ministers on 30 April 2002 at the 792nd 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 Brunno case delivered on 28 September 2000 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. 43053/98) against Italy, lodged with the European Commission of Human Rights on 25 November 1997 under former Article 25 of the Convention by Mr Sebastiano Brunno , an Italian national (who died on 11 January 1999, and whose proceedings before the Court are continued by his only heiress, Ms Teresa Mosqueda ), and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint relating to the excessive length of certain proceedings before the labour courts; Whereas in its judgment of 28 September 2000 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicant party, 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’s heiress the sum of 14 000 000 Italian lire, i.e. 13 000 000 Italian lire in respect of non-pecuniary damage and 1 000 000 Italian lire in respect of costs and expenses, within three months as from the notification of the judgment; Recalling that Rule 44, paragraph 2, of the Rules of 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 December 2000, within the time-limit agreed to under the terms of the friendly settlement, the government of the respondent state had paid the applicant’s heiress the sums provided for in the friendly settlement; Recalling that, as regards the applicant's complaint declared admissible in this case, the Committee of Ministers is at present supervising the execution of several judgments of the Court and of a considerable number of Committee of Ministers’ decisions under former Article 32 of the Convention, finding a violation of Article 6, paragraph 1, of the Convention on account of the excessive length of proceedings before the Italian labour courts; Whereas, in this connection, the Italian authorities have informed the Committee of Ministers that they were drafting and adopting new general measures in order to put an end to the serious problem of excessive length of proceedings, so as to prevent new violations similar to those already found in the above-mentioned cases (see Resolutions DH (97) 336, DH (99) 437 and ResDH (2000)135), Declares, after having taken note 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 this case.