RESOLUTION DH (98) 210

HUMAN RIGHTS

APPLICATION No. 34244/96

R.B. AGAINST ITALY

(Adopted by the Committee of Ministers on 10 July 1998

at the 637th 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 9 December 1997 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 21 August 1995 by an Italian national, Mr R.B. against Italy;

Whereas on 15 January 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 his application, declared admissible by the Commission on 16 September 1997, the applicant complained of the excessive length of certain civil proceedings, and of a violation of the right to the peaceful enjoyment of his possessions because of the length of the proceedings;

Whereas in its report, the Commission expressed, by eight votes to eight, with the casting vote of the Chair, the opinion that there had been no violation of Article 6, paragraph 1, of the Convention and, by fourteen votes to two, the opinion that there had been no violation of Article 1 of Protocol No. 1 of the Convention;

Whereas, at the 637th 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 10 July 1998, that there had been in this case no violation of Article 6, paragraph 1, of the Convention and that there had been in this case no violation of Article 1 of Protocol No. 1 of Convention,

Declares that it has exercised its functions under Article 32 of the Convention in this case;

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