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TOMMASA COSTA AGAINST ITALY

Doc ref: 14489/88 • ECHR ID: 001-51123

Document date: February 9, 1996

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TOMMASA COSTA AGAINST ITALY

Doc ref: 14489/88 • ECHR ID: 001-51123

Document date: February 9, 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 by the European Commission of Human

Rights in accordance with Article 31 (art. 31) of the Convention relating to the

application lodged on

24 November 1988 by Mrs Tommasa Costa against Italy

(Application No. 14489/88);

Whereas on 25 January 1994 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 30

June 1993, the applicant complained of the excessive length of certain civil

proceedings;

Whereas in its report adopted on 1 December 1993 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 514th meeting of the Ministers' Deputies held on 9 June

1994, 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 April 1994;

Whereas, at the same 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 she had not submitted any such claims;

Whereas the Committee of Ministers invited the Government of Italy to

inform it of the measures taken following its decisions of 9 June 1994, 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, through

notably 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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