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AZZI AGAINST ITALY

Doc ref: 11250/84 • ECHR ID: 001-49322

Document date: February 20, 1992

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AZZI AGAINST ITALY

Doc ref: 11250/84 • ECHR ID: 001-49322

Document date: February 20, 1992

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 21 September 1984 by Mr Giuseppe Azzi against Italy

(Application No. 11250/84);

Whereas on 10 November 1988 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 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 his application the applicant complained inter

alia of the excessive length of civil proceedings he had

instituted against the town of Turin;

Whereas the Commission declared the application admissible

on 14 December 1987 as regards the above-mentioned complaint and

in its report adopted on 13 October 1988 expressed unanimously

the opinion that there had been a violation of Article 6,

paragraph 1 (art. 6-1), of the Convention;

Agreeing with the opinion expressed by the Commission in

accordance with Article 31, paragraph 1 (art. 31-1), of the

Convention,

Decides, having voted in accordance with the provisions of

Article 32, paragraph 1 (art. 32-1), of the Convention, that

there has been a violation of Article 6, paragraph 1 (art. 6-1),

of the Convention in this case;

Having examined the proposals made by the Commission when

transmitting its report concerning just satisfaction for the

applicant, proposals supplemented by a letter of the President

of the Commission dated 15 December 1989;

Having recommended on 6 February 1990 to the Government of

Italy, under Rule 5 of the Rules adopted by the Committee

of Ministers for the application of Article 32 (art. 32) of the

Convention, to pay to the applicant the sum of 10 000 000

Italian lire for non-pecuniary damage and the sum of 7 760 000

lire for the costs of the proceedings;

Having regard to its decision of 13 December 1990 setting,

according to Article 32, paragraph 2 (art. 32-2), of the

Convention, a time limit of three months to the Italian

Government for paying the sums due to the applicant by way of

compensation for non-pecuniary damage and for costs and expenses;

Having regard to Resolution DH (91) 12 of 6 June 1991 by

which, after finding that, although the time limit was extended

by one month on 18 March 1991, the Government of Italy still had

not paid the sum of 17 760 000 Italian lire, it had decided to

strongly urge the Government of Italy to proceed without delay

to payment of the said sum;

Having decided, during the special meeting of the Ministers'

Deputies held on 19 December 1991, to delete Rule 5 of the Rules

adopted by the Committee of Ministers for the application of

Article 32 (art. 32) of the Convention as well as the reference

made to it at the beginning of point 2 bis of the Appendix to the

said Rules,

Holds, in accordance with Article 32, paragraph 2

(art. 32-2), of the Convention, that the Government of Italy is

to pay to the applicant before 20 May 1992 the sum of 17 760 000

Italian lire in respect of just satisfaction;

Invites the Government of Italy to inform it of the measures

taken in consequence of the decision of the Committee of

Ministers, having regard to its obligation under Article 32,

paragraph 4 (art. 32-4), of the Convention to abide by it;

Decides to resume consideration of the present case at the

next meeting following expiry of the time limit set above.

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