CASE OF CARDARELLI AGAINST ITALY

Doc ref: 12148/86 • ECHR ID: 001-55649

Document date: December 15, 1995

Doc ref: 12148/86 • ECHR ID: 001-55649

Document date: December 15, 1995

Cited paragraphs only

The Committee of Ministers, under the terms of Article 54

(art. 54) of the Convention for the Protection of Human Rights and

Fundamental Freedoms (hereinafter referred to as "the Convention"),

Having regard to the judgment of the European Court of Human

Rights in the Cardarelli case delivered on 27 February 1992 and

transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application

(No. 12148/86) against Italy, lodged with the European Commission

of Human Rights on 9 April 1986 under Article 25 (art. 25) of the

Convention by Mr Achille Cardarelli, an Italian national, and that

the Commission declared admissible the complaint concerning the

excessive length of certain civil proceedings;

Recalling that the case was brought before the Court by the

Commission on 8 March 1991;

Whereas in its judgment of 27 February 1992 the Court

unanimously:

- held that there had been a violation of Article 6,

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

- held that it was not necessary to apply Article 50 (art. 50)

in this instance;

Having regard to the Rules adopted by the Committee of

Ministers concerning the application of Article 54 (art. 54) of the

Convention;

Having invited the Government of Italy to inform it of the

measures which had been taken in consequence of the judgment of

27 February 1992, having regard to its obligation under Article 53

(art. 53) of the Convention to abide by it;

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, after having taken note of the information supplied

by the Government of Italy, that it has exercised its functions

under Article 54 (art. 54) of the Convention in this case.

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