INTERIM RESOLUTION DH (97) 110

HUMAN RIGHTS

APPLICATION No. 19496/92

G. B. II AGAINST ITALY

(Adopted by the Committee of Ministers on 28 January 1997

at the 582nd 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 26 June 1996 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 21 September 1991 by Mr G. B. against Italy (Application No. 19496/92) ;

Whereas on 23 July 1996 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, as declared admissible by the Commission on 29 November 1995, the applicant complained of the excessive length of certain civil proceedings and of a breach of the right to the peaceful enjoyment of his possessions because of the excessive length of these proceedings ;

Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention and that it was unnecessary to determine the complaint based on Article 1, of Protocol No. 1 to the Convention ;

Whereas at the 582nd meeting of the Ministers' Deputies the Committee of Ministers, agreeing with the opinion expressed by the Commission, held, by a decision adopted on 28 January 1997, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, 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.