CATANOSO AGAINST ITALY
Doc ref: 11362/85 • ECHR ID: 001-49292
Document date: December 14, 1989
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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 4 November 1984 by
Mr Antonino Catanoso against Italy (No. 11362/85);
Whereas on 6 September 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 that
the length of proceedings brought by him for the purpose of obtaining
recognition of his entitlement to a pension was not "reasonable"
within the meaning of Article 6, paragraph 1 (art. 6-1), of the Convention;
Whereas the Commission declared the application admissible
on 3 December 1986 as regards the issue of the length of proceedings
and in its report adopted on 5 July 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;
Having examined the proposals made by the Commission concerning just
satisfaction for the applicant,
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;
Recommends, under Rule 5 of the Rules adopted by the Committee of
Ministers for the application of Article 32 (art. 32) of the Convention,
that the Government of Italy pay to the applicant the sum of
4 million Italian lire as just satisfaction for non-pecuniary damage;
Decides, therefore, that no further action is called for in this case.
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