CORTESE AGAINST ITALY
Doc ref: 23620/94 • ECHR ID: 001-51399
Document date: June 25, 1996
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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 21
July 1993 by Ms Giuseppina Cortese against Italy (Application No. 23620/94);
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 her 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 13
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 on 14 June 1996, at the 567th meeting of the Deputies, the
Committee of Ministers decided, in accordance with Article 32, paragraph 2 (art.
32-2), of the Convention, that no sum of money was to be paid to the applicant
as just satisfaction, since the latter had not submitted any claim in this
respect;
Whereas the Committee of Ministers invited the Government of Italy to
inform it of the measures taken following its decisions of 13 October 1995 and
25 June 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),
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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