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FIGUS MILONE AGAINST ITALY

Doc ref: 13686/88 • ECHR ID: 001-49602

Document date: October 19, 1995

Inbound citations: 1
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Cited paragraphs: 0
•
Outbound citations: 0

FIGUS MILONE AGAINST ITALY

Doc ref: 13686/88 • ECHR ID: 001-49602

Document date: October 19, 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

25 November 1987 by Mrs Albina Figus Milone against Italy

(Application No. 13686/88);

Whereas on 10 September 1992 the Commission transmitted the

said report to the Committee of Ministers;

Whereas the Commission referred the case to the Court on

11 December 1992 and whereas in its judgment of 22 September 1993,

the Court held that it could not deal with the merits of the case

as it found that the Commission's request had not been submitted

within the period of three months provided for in Article 32,

paragraph 1, and Article 47 (art. 32-1, art. 47) of the Convention;

Whereas in her application, declared admissible by the

Commission on 13 January 1992, the applicant complained of the

excessive length of certain civil proceedings for wrongful

dismissal, proceedings which raised questions of the

constitutionality of the provisions applicable to the dispute on

account of inequality of treatment between male and female workers;

Whereas in its report adopted on 1 July 1992 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 501st meeting of the Ministers' Deputies held

on 9 November 1993, 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 applicant, proposals supplemented

by a letter of the President of the Commission dated 20 May 1994;

Whereas, at the 527th meeting of the Deputies held

on 7 February 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 the applicant

as just satisfaction, within three months, 4 000 000 Italian lire

in respect of non-pecuniary damage and 1 500 000 Italian lire in

respect of costs and expenses, namely a total sum of

5 500 000 Italian lire;

Whereas the Committee of Ministers invited the Government of

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

9 November 1993 and 21 September 1994, having regard to Italy's

obligation under Article 32, paragraph 4 (art. 32-4), of the

Convention to abide by them;

Whereas the Committee of Ministers satisfied itself that

on 12 June 1995 the Government of Italy paid the applicant the

total sum of 5 500 000 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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