INTERIM RESOLUTION DH (97) 632

HUMAN RIGHTS APPLICATIONS Nos. 27956/95 AND 30599/96 GARBERI P., E. AND M. AGAINST ITALY

(Adopted by the Committee of Ministers on 15 December 1997 at the 610th 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 4 March 1997 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the applications lodged on 13 November 1993 by Mr Pierangelo Garberi and Mr Ezio Garberi, and on 27 November 1995 by Mr Maurizio Garberi against Italy (Applications Nos. 27956/95 and 30599/96);

Whereas on 21 April 1997 the Commission transmitted the said report to the Committee of Ministers and whereas 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; considering, however, that within this time-limit, the applicants seized the Court in accordance with Protocol No. 9 but that the screening panel of the Court decided on 3 October 1997 that this case would not be considered by the Court; whereas the Committee of Ministers is therefore 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 their applications, as declared admissible by the Commission on 3 December 1996, the applicants complained of the excessive length of certain proceedings before the civil courts;

Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6, paragraph 1, of the Conventions and that it was not necessary to examine whether there had been a violation of Article 13 of the Convention;

Whereas, at the 610th 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 decision adopted on 15 December 1997, that there had been in this case a violation of Article 6, paragraph 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 Article 32 of the Convention with a view to adopting the final resolution.