COUNCIL OF EUROPE

RESOLUTION DH (97) 17

HUMAN RIGHTS

APPLICATION No. 14913/89

ZOTTA 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 15 May 1996 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 21 January 1989 by Mrs Maria Zotta against Italy (Application No. 14913/89) ;

Whereas on 14 June 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 her application, declared admissible by the Commission on 5 April 1993, the applicant complained of the impossibility of having a tenant evicted from her appartment following a legal decision according to which the lease was found to be ended ;

Whereas in its report the Commission expressed, unanimously, the opinion that there had been no violation of Article 1 of Protocol No. 1, and no violation of article 6 of 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 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 no violation of Article 1 of Protocol No. 1 and no violation of article 6 of 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.