INTERIM resolution DH (99) 506

HUMAN RIGHTS

APPLICATION No. 39143/98

MOSCARELLI AGAINST ITALY

(Adopted by the Committee of Ministers on 15 July 1999 at the 677th 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 30 November 1998 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the applic a tion lodged on 4 January 1997 by an Italian national, Mr Edoardo Moscarelli, against Italy;

Whereas on 1 February 1999 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, par a graph 1, of the Convention has elapsed without the case having been brought before the European Court of Human Rights in pursuance of Art i cle 48 of the Convention;

Whereas in his application, declared admissible by the Commission on 15 September 1998, the applicant complained of the excessive length of certain proceedings before the civil courts as well as of a violation of his right to the peaceful enjoyment of his possessions as a result of the length of those proceedings;

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 it had been a violation of Article 1, of Protocol No. 1;

Whereas at the 677th 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 15 July 1999, that there had been in this case a violation of Article 6, par a graph 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 Art i cle 32 of the Co n vention with a view to adopting the final resolution.