Resolution ResDH(2001)35 concerning the judgment of the European Court of Human Rights of 8 February 2000 (final on 29 June 2000) in the case of Chierici B. and E. against Italy

(Adopted by the Committee of Ministers on 26 February 2001 at the 741 st 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 Chierici B. and E. 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 judgment of the Court become final on 29 June 2000 since, at this date, the Government of the respondent State was informed that its request for a re-hearing before the Grand Chamber had been dismissed;

Recalling that the case originated in an application (No. 41835/98) against Italy, lodged with the European Commission of Human Rights on 1 October 1997 under former Article 25 of the Convention by Ms Bianca Chierici and Mr Enrico Chierici, two Italian nationals, 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 concerning civil rights and obligations before the Court of Audit;

Recalling that, after the decease of Mr Enrico Chierici on 15 April 1998, his only heiress, Ms Bianca Chierici, continued the procedure before the Court in her own right and in that of Mr. Enrico Chierici;

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 respondent State was to pay to the applicant in her own right and in that of Mr Enrico Chierici, within three months as from the date at which the judgment became final, 73 000 000 Italian lire in respect of non-pecuniary damage, and that simple interest at an annual rate of 2,5% would be payable on this sum from the expiry of the above-mentioned three months until settlement ;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46 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 indicated that the Court's judgment had been sent out to the authorities directly concerned;

Having satisfied itself that on 6 September 2000, within the time-limit set, the Government of the respondent State paid the applicant the sum provided for in the judgement of 8 February 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.