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VAN EESBEECK AGAINST ITALY

Doc ref: 11541/85 • ECHR ID: 001-49325

Document date: February 20, 1992

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VAN EESBEECK AGAINST ITALY

Doc ref: 11541/85 • ECHR ID: 001-49325

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 28 February 1985 by Mr Hans-Dieter Van Eesbeeck against Italy

(Application No. 11541/85);

Whereas on 12 May 1989 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 of the

excessive length of a civil procedure;

Whereas the Commission declared the application admissible

on 11 November 1987 and in its report adopted on 12 April 1989

expressed, by nine votes against two, 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 19 April 1991;

Having recommended on 6 June 1991 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 million

Italian lire for non-pecuniary damage;

Having regard to its decision of 6 June 1991 setting,

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

Convention, a time limit of three months to the Government of

Italy for paying the sum due to the applicant by way of

compensation for non-pecuniary damage;

Having regard to Resolution DH (91) 22 of 27 September 1991

by which, after finding that the Government of Italy still had

not paid the sum of 10 million 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 10 million

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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