RESOLUTION DH (98) 155

HUMAN RIGHTS

APPLICATION No. 20251/92

PANTANO 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 31 January 1992 by a U.S. national, Mr Giacomo Pantano against Italy;

Whereas on 17 October 1997 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 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 reports to the Chairman of the Committee of Ministers; whereas, however within this time limit, the applicant 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 his application, as declared admissible by the Commission on 5 March 1996, the applicant complained of a breach of his right to the peaceful enjoyment of his possessions in relation to a building ban on his property;

Whereas in its report, the Commission expressed, unanimously, the opinion that there had been no violation of Article 1 of Protocol No. 1 to the Convention and that it was not necessary to examine the complaint under Article 13 of 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 no violation of Article 1 of Protocol No. 1 to the 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.