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C., A. AND L.B. AGAINST ITALY

Doc ref: 13798/88 • ECHR ID: 001-49466

Document date: September 11, 1995

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C., A. AND L.B. AGAINST ITALY

Doc ref: 13798/88 • ECHR ID: 001-49466

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

31 March 1988 by C., A. and L.B. against Italy

(Application No. 13798/88);

Whereas on 10 February 1993 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 their application, declared admissible by the

Commission on 2 September 1992, the applicants complained of the

excessive length of certain civil proceedings;

Whereas in its report adopted on 8 January 1993 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 495th meeting of the Ministers' Deputies held

on 11 June 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 applicants, proposals

supplemented by a letter of the President of the Commission dated

21 January 1994;

Whereas, at the 510th meeting of the Deputies held on

21 March 1994, 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 applicants as just

satisfaction, within three months, the total sum of

15 000 000 Italian lire in respect of non-pecuniary damage;

Whereas the Committee of Ministers invited the Government of

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

11 June 1993 and 21 March 1994, 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 11 November 1994 the Government of Italy paid the applicants 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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