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S.A.I.C.A. s.r.l. AGAINST ITALY

Doc ref: 16890/90 • ECHR ID: 001-49552

Document date: June 7, 1995

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S.A.I.C.A. s.r.l. AGAINST ITALY

Doc ref: 16890/90 • ECHR ID: 001-49552

Document date: June 7, 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

20 April 1990 by the limited company, S.A.I.C.A s.r.l., against

Italy (Application No. 16890/90);

Whereas on 5 May 1994 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 13 October 1993, the applicant company complained of

the excessive length of certain civil proceedings;

Whereas in its report adopted on 2 March 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 519th meeting of the Ministers' Deputies held

on 19 October 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 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 company, proposals

supplemented by a letter of the President of the Commission dated

21 October 1994;

Whereas, at the 522nd meeting of the Deputies held on

5 December 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 applicant company as just

satisfaction, within three months, 3 000 000 Italian lire in

respect of non-pecuniary damage and 2 000 000 Italian lire in

respect of costs and expenses, namely a total sum of

5 000 000 Italian lire;

Whereas the Committee of Ministers invited the Government of

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

19 October and 5 December 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

4 April 1995 the Government of Italy paid the applicant company the

total sum of 5 000 000 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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