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M.D.F. AGAINST ITALY

Doc ref: 24786/94 • ECHR ID: 001-51458

Document date: September 13, 1996

  • Inbound citations: 1
  • Cited paragraphs: 0
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M.D.F. AGAINST ITALY

Doc ref: 24786/94 • ECHR ID: 001-51458

Document date: September 13, 1996

Cited paragraphs only



The Committee of Ministers, under the terms of Article 32 (art. 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) 54, adopted in the case of

M.D.F. against Italy (Application No. 24786/94) in which the Committee of

Ministers decided that there had been a violation of Article 6, paragraph 1

(art. 6-1), 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

26 January 1996;

Whereas, at the 559th meeting of the Ministers' Deputies held on 22 March

1996, the Committee of Ministers decided, in accordance with Article 32,

paragraph 2 (art. 32-2), of the Convention, that the Government of Italy was to

pay the applicant as just satisfaction, within three months, 16 000 000 Italian

lire in respect of non-pecuniary damage, and that interest should be payable on

any non-paid sum at the statutory rate applicable on the date of this decision,

it being understood that the interest will accrue from the expiry of the time-

limit until full payment is placed at the disposal of the applicant;

Whereas the Committee of Ministers invited the Government of Italy to

inform it of the measures taken following its decisions of 9 February 1996 and

22 March 1996, having regard to Italy's obligation under Article 32, paragraph 4

(art. 32-4), 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);

Whereas the Committee of Ministers satisfied itself that

on 14 June 1996, within the time-limit set, the Government of Italy paid the

applicant the total sum of 16 000 000 Italian lire as just satisfaction,

Declares, having taken note of the measures taken by the Government of

Italy, that it has exercised its functions under Article 32 (art. 32) of the

Convention in this case.

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