RESOLUTION DH (97) 504

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS

OF 4 DECEMBER 1995

IN THE CASE OF TERRANOVA AGAINST ITALY

(Adopted by the Committee of Ministers on 29 October 1997

at the 605th meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 54 of the Conven ­ tion for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to the judgment of the European Court of Human Rights in the Terranova case delivered on 4 December 1995 and transmitted the same day to the Committee of Ministers ;

Recalling that the case originated in an application (No. 17156/90) against Italy, lodged with the European Commission of Human Rights on 11 June 1990 under Article 25 of the Convention by Mr Giuseppe Terranova, an Italian national, and that the Commission declared admissible the complaint relating to the length of proceed ­ ings before the Court of Audit ;

Recalling that the case was brought before the Court by the Government of Italy on 7 March 1995 ;

Whereas in its judgment of 4 December 1995 the Court unanimously:

– held that there had been a breach of Article 6, paragraph 1, of the Convention ;

– held that the respondent State was to pay the applicant, within three months, 20 000 000 Italian lire in respect of non-pecuniary damage and costs ;

– dismissed the remainder of the claims for just satisfaction ;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 54 of the Convention ;

Having invited the Government of Italy to inform it of the measures which had been taken in consequence of the judgment of 4 December 1995, having regard to Italy's obligation under Article 53 of the Convention to abide by it ;

Whereas the Government of Italy recalled that measures had already been taken to prevent the repetition of the violation found in this case through the reform of the organisation of the Court of Audit (see Resolution DH (94) 25 in the case of Giancarlo Lombardo) ;

Having satisfied itself that on 23 April 1996 the Government of Italy paid the applicant the sum provided for in the judgment of 4 December 1995,

Declares, after having taken note of the information supplied by the Government of Italy, that it has exercised its functions under Article 54 of the Convention in this case.