INTERIM RESOLUTION DH (99) 673

HUMAN RIGHTS

APPLICATION No. 30423/96

SALINI COSTRUTTORI S.p.a. AGAINST ITALY

(Adopted by the Committee of Ministers on 8 October 1999

at the 680th  meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as "the Convention"),

Having regard to the report drawn up on 21 October 1998 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 22 January 1996 by an Italian public limited company, Salini Costruttori S.p.a., against Italy;

Whereas on 26 November 1998 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, paragraph 1, of the Convention has elapsed without the case having been brought before the European Court of Human Rights in pursuance of Article 48 of the Convention;

Whereas in its application, as declared admissible by the Commission on 16 April 1998, the applicant company complained of the excessive length of certain proceedings concerning civil rights and obligations before the administrative and the civil courts, as well as of the lack of any effective remedy in domestic law to complain of that length;

Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention and that it was not necessary to examine whether there had also been a violation of Article 13 of the Convention;

Whereas at the 680th meeting of the Ministers' Deputies, the Committee of Ministers, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, and agreed with the opinion expressed by the Commission, held, by a decision adopted on 8 October 1999, that there had been in this case a violation of Article 6, paragraph 1, of the Convention,

Authorises the publication of the report adopted by the Commission in this case;

Decides to pursue the examination of the present case, in accordance with Article 32 of the Convention with a view to adopting the final resolution.