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ISTITUTO DI VIGILANZA AGAINST ITALY

Doc ref: 13567/88 • ECHR ID: 001-49566

Document date: June 7, 1995

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

ISTITUTO DI VIGILANZA AGAINST ITALY

Doc ref: 13567/88 • ECHR ID: 001-49566

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

25 November 1987 by the Istituto di Vigilanza company against Italy

(Application No. 13567/88);

Whereas on 10 September 1992 the Commission transmitted the

said report to the Committee of Ministers;

Whereas the Commission referred the case to the Court on

11 December 1992 and whereas in its judgment of 22 September 1993,

the Court held that it could not deal with the merits of the case

as it found that the Commission's request had not been submitted

within the period of three months provided for in Article 32,

paragraph 1, and Article 47 (art. 32-1, art. 47) of the Convention;

Whereas in its application, declared admissible by the

Commission on 13 January 1992, the applicant company complained of

the excessive length of certain civil proceedings;

Whereas in its report adopted on the 1 July 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 501st meeting of the Ministers' Deputies held

on 9 November 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 applicant company, proposals

supplemented by a letter of the President of the Commission dated

8 July 1994;

Whereas, at the 517th meeting of the Deputies held on

21 September 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

2 500 000 Italian lire in respect of costs and expenses, namely a

total sum of 5 500 000 Italian lire;

Whereas the Committee of Ministers invited the Government of

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

9 November 1993 and 21 September 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 entering 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 7 April 1995 the Government of Italy paid the applicant company

the total sum of 5 500 000 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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