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RENZO AND SARA TESTORI AGAINST ITALY

Doc ref: 20205/92 • ECHR ID: 001-49736

Document date: December 15, 1995

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RENZO AND SARA TESTORI AGAINST ITALY

Doc ref: 20205/92 • ECHR ID: 001-49736

Document date: December 15, 1995

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 20 May 1992

by Mr Renzo Testori and Ms Sara Marino in Testori against Italy

(Application No. 20205/92);

Whereas on 2 december 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 their application, declared admissible by the

Commission on 17 May 1994, the applicants complained of the

excessive length of certain civil proceedings;

Whereas in its report adopted on 6 September 1994 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 534th meeting of the Ministers' Deputies, held

on 7 April 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 applicants, proposals

supplemented by a letter of the President of the Commission dated

13 April 1995;

Whereas, at the 539th meeting of the Deputies, held on

7 June 1995, the Committee of Ministers decided, in accordance with

Article 32, paragraph 2 (art. 32-2), of the Convention, that the

Government of Italy was to pay to each applicant as just

satisfaction, within three months, 4 000 000 Italian lire in

respect of non-pecuniary damage and 1 000 000 Italian lire in

respect of costs and expenses, namely a total sum of

10 000 000 Italian lire;

Whereas the Committee of Ministers invited the Government of

Italy to inform it of the measures taken following its decisions of

7 April 1995 and 7 June 1995, 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);

Whereas the Committee of Ministers satisfied itself that

on 4 December 1995, the Government of Italy paid the applicants the

total sum of 10 000 000 Italian lire as just satisfaction,

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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