ELETTRODIFFUSION S.p.a. AGAINST ITALY

Doc ref: 24036/94 • ECHR ID: 001-51365

Document date: February 9, 1996

Doc ref: 24036/94 • ECHR ID: 001-51365

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

12 July 1993 by the company Elettrodiffusion S.p.a. against Italy (Application

No. 24036/94);

Whereas on 22 June 1995 the Commission transmitted the said report to the

Committee of Ministers and the case has not been referred to the European Court

of Human Rights, neither by the Commission nor by a state entitled to do so

under Article 48

(art. 48) of the Convention, within the time-limit of three months from the

transmission of the reports to the Chairman of the Committee of Ministers;

whereas, however, within this time-limit, the applicant seized the Court in

accordance with Protocol No. 9 (P9) but considering that the screening panel of

the Court decided on 12 December 1995 that this case would not be considered by

the Court, the Committee of Ministers is now called upon to take a decision in

accordance with Article 32 (art. 32) of the Convention and with Article 48 (art.

48) of the Convention as amended by Article 5 of Protocol No. 9 (P9-5) for those

states having ratified the latter;

Whereas in its application, as declared admissible by the Commission on 17

January 1995, the applicant company complained of the excessive length of

certain civil proceedings;

Whereas in its report adopted on 11 April 1995 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 556th meeting of the Ministers' Deputies held on 9

February 1996, 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,

Authorises the publication of the report adopted by the Commission in this

case;

Decides to pursue the examination of the present case in accordance with

Article 32 (art. 32) of the Convention with a view to adopting the final

resolution.

Lexploria AI Legal Assistant