MERLINI AGAINST ITALY

Doc ref: 24041/94 • ECHR ID: 001-49677

Document date: November 20, 1995

Doc ref: 24041/94 • ECHR ID: 001-49677

Document date: November 20, 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 1993

by Mrs Marialuisa Merlini against Italy (Application No. 24041/94);

Whereas on 22 June 1995, 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, as declared admissible by the

Commission on 17 January 1995, the applicant complained of the

excessive length of certain criminal proceedings combined with

civil action for damages and of the excessive length of certain

subsequent civil proceedings for damages;

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 549th meeting of the Ministers' Deputies held

on 17 November 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,

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.

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