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CASE OF COOPERATIVA PARCO CUMA AGAINST ITALY

Doc ref: 12145/86 • ECHR ID: 001-55652

Document date: December 15, 1995

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CASE OF COOPERATIVA PARCO CUMA AGAINST ITALY

Doc ref: 12145/86 • ECHR ID: 001-55652

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 Cooperativa Parco Cuma 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. 12145/86) against Italy, lodged with the European Commission

of Human Rights on 25 February 1986 under Article 25 (art. 25) of

the Convention by the co-operative association Cooperativa Parco

Cuma, 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 19 April 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 the present judgment constituted in itself, in

respect of any non-pecuniary damage, sufficient just satisfaction

for the purposes of Article 50 (art. 50);

- held that the respondent state was to pay the

applicant co-operative association, within three months,

3 090 334 Italian lire for costs and expenses;

- dismissed the remainder of the claim for just satisfaction;

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);

Having satisfied itself that on 15 September 1992 the

Government of Italy paid the applicant co-operative association the

sum provided for in the judgment of 27 February 1992,

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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