Search
document

Document text Analytics

VAN EESBEECK AGAINST ITALY

Doc ref: 11541/85 • ECHR ID: 001-49311

Document date: September 27, 1991

Inbound citations: 0
•
Cited paragraphs: 0
•
Outbound citations: 0

VAN EESBEECK AGAINST ITALY

Doc ref: 11541/85 • ECHR ID: 001-49311

Document date: September 27, 1991

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 ten 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;

Finding that the Government of Italy still has not paid the

sum it had agreed to pay following the recommendation of the

Committee of Ministers,

Decides to strongly urge the Government of Italy to proceed

without delay to the payment to the applicant of the sum of ten

million Italian lire;

And accordingly decides, if need be, to resume consideration

of the present case at each of its forthcoming meetings.

LEXI

Lexploria AI Legal Assistant