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LO GIACCO AGAINST ITALY

Doc ref: 10659/83 • ECHR ID: 001-49309

Document date: June 6, 1991

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LO GIACCO AGAINST ITALY

Doc ref: 10659/83 • ECHR ID: 001-49309

Document date: June 6, 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 12 October 1983

by Mrs Saveria Lo Giacco against Italy (Application

No. 10659/83);

Whereas on 1 September 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 her application the applicant complained inter alia

of the excessive length of civil proceedings she had instituted

with a view to obtaining a disability pension;

Whereas the Commission declared the application admissible

on 5 December 1988 as regards the above-mentioned complaint and

in its report adopted on 3 July 1989 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 8 June 1990;

Having recommended the Government of Italy on 24 September 1990,

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 2 million lire for non-

pecuniary damage and the sum of 1 million 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 for the Italian

Government to pay the sums due to the applicant by way of

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

Finding that, although the time-limit was extended by one month

on 18 March 1991, the Government of Italy still has not paid the

sums 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 of the sum of 3 million lire to the

applicant;

And accordingly decides, if need be, to resume consideration of

the present case at each of its forthcoming meetings.

LEXI

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