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ERSONI V TO IX AGAINST ITALY

Doc ref: 17899/91;17900/91;17901/91;17902/91;17903/91 • ECHR ID: 001-49486

Document date: September 11, 1995

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Cited paragraphs: 0
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ERSONI V TO IX AGAINST ITALY

Doc ref: 17899/91;17900/91;17901/91;17902/91;17903/91 • ECHR ID: 001-49486

Document date: September 11, 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 reports drawn up by the European

Commission of Human Rights in accordance with Article 31 (art. 31)

of the Convention relating to the five applications lodged

on 3 December 1990 by Mr Tommaso Ersoni against Italy

(Applications Nos. 17899/91, 17900/91, 17901/91, 17902/91,

17903/91);

Whereas on 31 August 1994 the Commission transmitted the said

reports 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 cases having been brought

before the European Court of Human Rights in pursuance of

Article 48 (art. 48) of the Convention;

Whereas in his applications, declared admissible by the

Commission on 13 April 1994, the applicant complained of the

excessive length of certain civil proceedings;

Whereas in its reports adopted on 5 July 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 522nd meeting of the Ministers' Deputies held

on 5 December 1994, 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 all the

cases 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

9 December 1994;

Whereas, at the 527th meeting of the Deputies held on

6 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, for each of these five cases,

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

250 000 Italian lire in respect of costs and expenses, namely a

total sum of 3 750 000 Italian lire;

Whereas the Committee of Ministers invited the Government of

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

5 December 1994 and 6 February 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 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);

Whereas the Committee of Ministers satisfied itself that on

28 April 1995 the Government of Italy paid the applicant the total

sum of 3 750 000 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 these cases;

Authorises the publication of the reports adopted by the

Commission in these cases.

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