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ASPETTI AGAINST ITALY

Doc ref: 24313/94 • ECHR ID: 001-51382

Document date: June 25, 1996

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ASPETTI AGAINST ITALY

Doc ref: 24313/94 • ECHR ID: 001-51382

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 Interim Resolution DH (95) 402, adopted in the case of

Aspetti against Italy (Application No. 24313/94) 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

8 December 1995;

Whereas, at the 556th meeting of the Ministers' Deputies held on 9

February 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, 8 000 000

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

respect of costs and expenses, namely a total sum of

8 500 000 Italian lire;

Whereas the Committee of Ministers invited the Government of Italy to

inform it of the measures taken following its decisions of 15 December 1995 and

9 February 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 the Government of

Italy paid the applicant, within the time-limit set, the total sum of 8 500 000

Italian lire as just satisfaction, payment confirmed by the applicant on 1 April

1996,

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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