FINAL RESOLUTION DH (97) 120

HUMAN RIGHTS

APPLICATION No. 26831/95

GALLO CONO 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 Interim Resolution DH (96) 629, adopted in the case of Gallo Cono against Italy (Application No. 26831/95) in which the Committee of Ministers decided that there had been a violation of Article 6, paragraph 1, of the Convention and to make public the report of the European Commission of Human Rights ;

Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicant, proposals supplemented by a letter of the President of the Commission dated 25 September 1996 ;

Whereas at the 582nd meeting of the Ministers' Deputies, the Committee of Ministers held, by a decision adopted on 28 January 1997, in accordance with Article 32, paragraph 2, of the Convention, that no sum of money was to be paid to the applicant as just satisfaction ;

Whereas the Committee of Ministers invited the Government of Italy to inform it of the measures taken following its decisions of 15 November 1996 and 28 January 1997, having regard to Italy's obligation under Article 32, paragraph 4, of the Convention to abide by them ;

Whereas the Government of Italy recalled that measures had already been taken to prevent the repetition of the violation found in this case, notably through the entry into force on 30 April and 1 May 1995 of two laws restructuring the civil courts and speeding up the proceedings in civil cases (see Resolution DH (95) 82 in the case of Zanghì against Italy),

Declares, having taken note of the measures taken by the Government of Italy, that it has exercised its functions under Article 32 of the Convention in this case.