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F.B. AGAINST ITALY

Doc ref: 23595/94 • ECHR ID: 001-51745

Document date: June 25, 1996

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Cited paragraphs: 0
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F.B. AGAINST ITALY

Doc ref: 23595/94 • ECHR ID: 001-51745

Document date: June 25, 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 the report drawn up on 28 February 1995 by

the European Commission of Human Rights in accordance with

Article 31 (art. 31) of the Convention relating to the application

lodged on 24 May 1993 by Mr F. B. against Italy

(Application No. 23595/94);

Whereas on 28 April 1995 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 (art. 32-1),

of the Convention has elapsed without the case having been brought

before the European Court of Human Rights in pursuance of

Article 48 (art. 48) of the Convention;

Whereas in his application, declared admissible by the

Commission on 7 December 1994, the applicant complained of the

excessive length of certain civil proceedings;

Whereas in its report the Commission expressed, unanimously,

the opinion that there had been a violation of Article 6,

paragraph 1 (art. 6-1), of the Convention;

Whereas, at the 546th meeting of the Ministers' Deputies held

on 19 October 1995, the Committee of Ministers, agreeing with the

opinion expressed by the Commission, held, having voted in

accordance with the provisions of Article 32, paragraph 1

(art. 32-1), of the Convention, that there had been in this case a

violation of Article 6, paragraph 1 (art. 6-1), of the Convention;

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

15 September 1995;

Whereas, at the 549th meeting of the Deputies held on

20 November 1995, 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, 2 500 000 Italian lire

in respect of non-pecuniary damage and 500 000 Italian lire in

respect of costs and expenses, namely a total sum of 3 000 000

Italian lire;

Whereas the Committee of Ministers invited the Government of

Italy to inform it of the measures taken following its decisions

of 19 October 1995 and 20 November 1995, 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 Zangh against Italy);

Whereas the Committee of Ministers satisfied itself that

on 18 March 1996 the Government of Italy paid the applicant the

total sum of 3 000 000 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;

Authorises the publication of the report adopted by the

Commission in this case.

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