INTERIM RESOLUTION DH (98) 154

HUMAN RIGHTS

APPLICATION No. 23924/94

C.A.R. srl AGAINST ITALY

(Adopted by the Committee of Ministers on 11 June 1998

at the 633rd 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 10 September 1997, by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 22 September 1993 by an Italian company, C.A.R. srl against Italy;

Whereas on 17 October 1997 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 Convention, within the time-limit of three months from the transmission of the report to the Chairman of the Committee of Ministers; whereas, however within this time-limit, the applicant company seized the Court in accordance with Protocol No. 9 but considering that the screening panel of the Court decided on 12 March 1998 that this case would not be considered by the Court, the Committee of Ministers is now called upon to take a decision in accordance with Article 32 of the Convention and with Article 48 of the Convention as amended by Article 5 of Protocol No. 9 for those States having ratified the latter;

Whereas in its application, as declared admissible by the Commission on 27 June 1996, the applicant company complained of the impossibility to evict a group of persons occupying illegally its property despite an unforceable judgment, and of the lack of any compensation for the pecuniary damages suffered;

Whereas in its report the Commission expressed, unanimously, the opinion that there had been in this case a violation of Article 1 of Protocol No. 1 to the Convention;

Whereas, at the 633rd 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 11 June 1998, that there had been in this case a violation of Article 1 of Protocol No. 1 to 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.