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CASE OF SALESI AGAINST ITALY

Doc ref: 13023/87 • ECHR ID: 001-55629

Document date: September 11, 1995

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

CASE OF SALESI AGAINST ITALY

Doc ref: 13023/87 • ECHR ID: 001-55629

Document date: September 11, 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 case of Salesi delivered on 26 February 1993 and

transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application

(No. 13023/87) against Italy lodged with the European Commission of

Human Rights on 12 June 1987 under Article 25 (art. 25) of the

Convention by Mrs Enrica Salesi, 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 13 April 1992;

Whereas in its judgment of 26 February 1993 the Court

unanimously:

- held that Article 6, paragraph 1 (art. 6-1), of the

Convention applied in the present case and that there had been a

breach of it;

- held that the respondent state was to pay to the applicant,

within three months, 11 000 000 Italian lire for damage and

7 140 000 Italian lire for costs and expenses;

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

26 February 1993, having regard to Italy's 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 the entry into force on 30 April and

1 May 1995 of two laws restructuring the civil courts and speeding

up the civil proceedings (see Resolution DH (95) 82 in the case of

Zanghì against Italy);

Having satisfied itself that on 3 March 1994 the Government of

Italy paid the applicant the sums provided for in the judgment of

26 February 1993,

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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