INTERIM resolution DH ( ) 395

HUMAN RIGHTS

APPLICATION No. 34854/97

AGNELLO AGAINST ITALY

(Adopted by the Committee of Ministers on 12 November 1998 at the 647th 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 January 1998, by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the applic a tion lodged on 22 March 1996 by an Italian national, Ms Maria Agnello against Italy;

Whereas on 23 March 1998 the Commission transmitted the said report to the Committee of Ministers and the case has not been referred to the European Court of Human Rights, either by the Commission or by a State entitled to do so under Article 48 of the Co n vention, within the time-limit of three months from the transmission of the report to the Chairman of the Committee of Ministers; considering, however, that within this time-limit, the applicant seized the Court in accordance with Protocol No. 9 but that the screening panel of the Court decided on 3 September 1998 that this case would not be considered by the Court; whereas the Committee of Ministers is now therefore called upon to take a dec i sion in accordance with Article 32 of the Convention and with Article 48 of the Co n vention as amended by Article 5 of Protocol No. 9 for those States having ratified the latter;

Whereas in her application, declared admissible by the Commission on 28 October 1997, the applicant complained of the excessive length of certain civil proceedings as well as of the lack of an 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 been a violation of Article 13 of the Convention;

Whereas, at the 647th 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 12 November 1998, 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.