MINNITI AGAINST ITALY

Doc ref: 9630/81 • ECHR ID: 001-49279

Document date: March 2, 1989

Doc ref: 9630/81 • ECHR ID: 001-49279

Document date: March 2, 1989

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 1 December 1981 by

Mr Pasquale Minniti against Italy (No. 9630/81);

Whereas on 18 November 1987 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

length of civil proceedings brought by him with a view to obtaining an

invalidity pension, alleging a violation of Article 6, paragraph 1

(art. 6-1), of the convention;

Whereas the Commission declared the application admissible on

13 October 1986 as regards the issue of the length of proceedings

and in its report adopted on 15 October 1987 expressed unanimously the

opinion that there had been a violation of Article 6, paragraph 1

(art. 6-1), of the convention in this case;

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 three million Italian lire in respect of non-material damage and

costs;

Decides, therefore, that no further action is called for in this case.

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