Resolution ResDH(2001)125 concerning the judgment of the European Court of Human Rights of 8 February 2000 (final on 8 May 2000) in the case of Berrettari against Italy

(Adopted by the Committee of Ministers on 15 October 2001 at the 764th 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 judgment of the European Court of Human Rights in the Berrettari case delivered on 8 February 2000 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention;

Recalling that the case originated in an application (No. 41827/98) against Italy, lodged with the European Commission of Human Rights on 10 June 1997 under former Article 25 of the Convention by four Italian nationals, Ms Genni Berrettari, Ms Marzia Berrettari, Ms Vanda Berrettari and Mr Marco Berrettari, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible their complaint relating to the excessive length of certain proceedings concerning civil rights and obligations before the Court of Audit;

Whereas in its judgment of 8 February 2000 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 each applicant, within three months from the date at which the judgment became final, 35 000 000 Italian lire in respect of non-pecuniary damage and 1 250 000 Italian lire in respect of costs and expenses, and that simple interest at an annual rate of 2.5% would be payable on these 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 judgment of 8 February 2000, having regard to Italy ' s obligation under Article 46, paragraph 1, of the Convention to abide by it;

Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state drew the Committee ' s attention to the fact that, on account of the specific circumstances of the case, new similar violations of the Convention could be avoided for the future by informing the authorities concerned of the requirements of the Convention: copies of the judgment had accordingly been sent out to them;

Having satisfied itself that 20 November 2000, after expiry of the time-limit set, the government of the respondent state had paid the applicants the sums provided for in the judgment of 8 February 2000, and that the default interest due was paid on 15 December 2000,

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.