GOISIS I AGAINST ITALY
Doc ref: 15310/89 • ECHR ID: 001-49567
Document date: June 7, 1995
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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 16 May 1989
by Mr Mario Goisis against Italy (Application No. 15310/89);
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 his application, declared admissible by the
Commission on 11 September 1991, the applicant complained of the
excessive length of certain civil proceedings;
Whereas in its report adopted on 1 July 1992 the Commission
expressed, by five votes to three, the opinion that there had been
a violation of Article 6, paragraph 1 (art. 6-1), of the Convention
and by five votes to three that there had been no violation of
Article 13 (art. 13) 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
and that there had been no violation of Article 13 (art. 13) 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 20 May 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
as just satisfaction, within three months, 1 500 000 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
4 000 000 Italian lire;
Whereas the Committee of Ministers invited the Government of
Italy to inform it of the measures taken following its decisions of
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 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 10 April 1995 the Government of Italy paid the applicant the
total sum of 4 000 000 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.