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F. SPA AGAINST ITALY

Doc ref: 13899/88 • ECHR ID: 001-49450

Document date: September 11, 1995

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Cited paragraphs: 0
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F. SPA AGAINST ITALY

Doc ref: 13899/88 • ECHR ID: 001-49450

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 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

6 April 1988 by the joint-stock company, F. Spa, against Italy

(Application No. 13899/88);

Whereas on 16 April 1992 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 its application, declared admissible by the

Commission on 8 July 1991, the applicant company complained of the

excessive length of certain civil proceedings;

Whereas in its report adopted on 13 February 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 479th meeting of the Ministers' Deputies held

on 17 September 1992, 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 8 April 1993;

Whereas, at the 494th meeting of the Deputies held on

18 May 1993, 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 company, as just

satisfaction, within three months, 10 000 000 Italian lire in

respect of non-pecuniary damage and 5 000 000 Italian lire in

respect of costs and expenses, namely a total sum of

15 000 000 Italian lire;

Whereas the Committee of Ministers invited the Government of

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

17 September 1992 and 18 May 1993, 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 informed the Committee of

Ministers that the reform adopted to speed up the procedure in

civil cases (see Resolution DH (95) 82 adopted in the case of

Zanghì) would also be applied to situations comparable to the one

at issue in the present case;

Whereas the Committee of Ministers satisfied itself that

on 17 November 1993 the Government of Italy paid the applicant

company the total sum of 15 000 000 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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