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GALLUCCI v. ITALY and 9 other applications

Doc ref: 76968/14;38665/15;38668/15;38675/15;38890/15;38897/15;39171/15;39318/15;39496/15;25059/16 • ECHR ID: 001-198836

Document date: November 7, 2019

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GALLUCCI v. ITALY and 9 other applications

Doc ref: 76968/14;38665/15;38668/15;38675/15;38890/15;38897/15;39171/15;39318/15;39496/15;25059/16 • ECHR ID: 001-198836

Document date: November 7, 2019

Cited paragraphs only

Communicated on 7 November 2019

FIRST SECTION

Application no. 76968/14 Giovanni GALLUCCI against Italy and 9 other applications (see list appended)

SUBJECT MATTER OF THE CASE S

The applications concern the application of retrospective legislation, specifically Article 1 § 218 of Law no. 266/2005 of 23 December 2005 to pending national proceedings commenced by the applicants.

The applicants had initially been employed by the local government authorities. When they were transfer red, under Article 8 of Law no. 124/1999, to work for the Ministry of Education, Universities and Research, their length of service with the local government authorities, their original employer, was not fully recognised for financial and legal purposes. The applicants lodged proceedings before the domestic courts arguing that the conversion of their salary into a notional length of service with the new employer upon transfer had been unlawful and detrimental. They sought placement in the professional grade corresponding to their full length of service from the date of the transfer as well as the determination of any compensation due to them. When those proceedings were pending at different levels of jurisdiction, Article 1 § 218 of Law no. 266/2005 of 23 December 2005 entered into force. This provision intended to give effect to what the legislator claimed to be the original intention of the Parliament when adopting Article 8 of Law no. 124/1999. Relying on that interpretative law the domestic courts dismissed the applicants ’ claims. The applicants lodged an appeal. In the course of the last proceedings, following the judgement of the Court of Justice of the European Union of 6 September 2011 in Scattolon , C-108/10, the Court of Cassation remitted those cases to the competent courts of appeal for determination of whether the applicants had suffered a substantial loss of salary solely as a result of the transfer. By a number of judgments delivered between 2014 and 2016 the courts of appeal ruled that the applicants had not suffered a substantial loss of salary.

QUESTIONS TO THE PARTIES

1. Have the applicants exhausted all effective domestic remedies, as required by Article 35 § 1 of the Convention?

2. Did the applicants have a fair hearing in the determination of their civil rights and obligations, in accordance with Article 6 § 1 of the Convention?

In particular, was there interference by the legislature with the administration of justice designed to influence the judicial determination of a dispute on account of the retrospective application to their case of Article 1, § 218, of Law no. 266/2005 (see Agrati and Others v. Italy , nos. 43549/08 and 2 others, 7 June 2011)?

If so, was that interference based on compelling grounds of general interest?

APPENDIX

No.

Application no.

Case name

Lodged on

Applicant

Date of Birth

Place of Residence

Nationality

Represented by

Notes

76968/14

Gallucci v. Italy

04/12/2014

Giovanni GALLUCCI

02/01/1944

Altilia

Italian

Giulio BRUNO

i . Court of Cosenza judgment no. 985/05 deposited on 31 March 2005

ii. Court of Appeal of Catanzaro judgment no. 316/08 deposited on 11 March 2008

iii. Court of Cassation judgment no. 19498/12 deposited on 9 November 2012

iv. Court of Appeal of Salerno judgment no. 535/2014 deposited on 16 May 2014

38665/15

Marsiglione v. Italy

27/07/2015

Girolamo MARSIGLIONE

02/02/1960

Leonforte

Italian

Domenico NASO

i . Court of Nicosia judgment no. 132/2004 deposited on 8 July 2004

ii. Court of Appeal of Caltanissetta judgment no. 115/2006 deposited on 3 March 2006

iii. Court of Cassation judgment no. 27706/11 deposited 20 December 2011

iv. Court of Appeal of Caltanissetta judgment no. 847/2014 deposited on 3 February 2015

38668/15

Timpanaro v. Italy

27/07/2015

Alfonso TIMPANARO

13/08/1953

Leonforte

Italian

Domenico NASO

i . Court of Nicosia judgment no. 136/2004 deposited on 8 July 2004

ii. Court of Appeal of Caltanissetta judgment no. 117/2006 deposited 3 March 2006

iii. Court of Cassation judgment no. 28226/11 deposited on 22 December 2011

iv. Court of Appeal of Caltanissetta judgment no. 884/2014 deposited on 28 January 2015

38675/15

Beninato v. Italy

27/07/2015

Maria Assunta BENINATO

13/01/1942

Nicosia

Italian

Domenico NASO

i . Court of Nicosia judgment no. 90/2004 deposited on 29 April 2004

ii. Court of Appeal of Caltanissetta judgment no. 114/2006 deposited on 3 March 2006

iii. Court of Cassation judgment no. 27705/11 deposited on 20 December 2011

iv. Court of Appeal of Caltanissetta judgment no.886/2014 deposited on 28 January 2015

38890/15

Giuliano v. Italy

28/07/2015

Angela GIULIANO

12/09/1945

Cerami

Italian

Domenico NASO

i . Court of Nicosia judgment no. 139/2004 deposited on 8 July 2004

ii. Court of Appeal of Caltanissetta judgment no. 30/2006 deposited 8 February 2006

iii. Court of Cassation judgment no. 27700/11 deposited on 20 December 2011

iv. Court of Appeal of Caltanissetta judgment no. 850/2014 deposited on 3 February 2015

38897/15

La Bianca v. Italy

28/07/2015

Antonino LA BIANCA

27/07/1969

Nossoria

Italian

Domenico NASO

i . Court of Nicosia judgement no. 143/2004 deposited on 8 July 2004

ii. Court of Appeal of Caltanissetta judgment no. 33/2006 deposited on 8 February 2006

iii. Court of Cassation judgment no. 28222/11 deposited on 22 December 2011

iv. Court of Appeal of Caltanissetta judgment no.848/2014 deposited on 3 February 2015

39171/15

Sanfilippo v. Italy

28/07/2015

Alfonso SANFILIPPO

19/10/1959

Assoro

Italian

Domenico NASO

i . Court of Nicosia judgment no. 144/2004 deposited on 8 July 2004

ii. Court of Appeal of Caltanissetta judgment no. 47/2006 deposited on 8 February 2006

iii. Court of Cassation judgment no. 27701/11 deposited on 20 November 2011

iv. Court of Appeal of Caltanissetta judgment no. 885/2014 deposited on 28 January 2015

39318/15

Circasso v. Italy

28/07/2015

Maria Corradina CIRCASSO

26/10/1957

Nicosia

Italian

Domenico NASO

i . Court of Nicosia judgment no. 142/2004 deposited on 8 July 2004 Court of Appeal of Caltanissetta judgment no. 46/2006 deposited on 8 February 2006

ii. Court of Cassation judgment no. 28223/11 deposited on 22 December 2011

iii. Court of Appeal of Caltanissetta judgment no.849/2014 deposited on 3 February 2015

39496/15

Giordano v. Italy

28/07/2015

Maria Giuseppa GIORDANO

09/09/1954

Cerami

Italian

Domenico NASO

i . Court of Nicosia judgment no. 138/2004 deposited on 8 July 2004

ii. Court of Appeal of Caltanissetta judgment no. 112/2006 deposited on 3 March 2006

iii. Court of Cassation judgment no. 28225/11 deposited on 22 December 2011

iv. Court of Appeal of Caltanissetta judgment no.852/2014 deposited 4 February 2015

25059/16

Mensa v. Italy

29/04/2016

Lucia MENSA

06/06/1956

Mazze ’

Italian

Pier Giuseppe POGLIANO

i . Court of Ivrea judgment no. 43/04 deposited on 5 April 2004

ii. Court of Appeal of Turin judgment no. 126/2006 deposited 3 February 2006.

iii. Court of Cassation judgment no. 4306/13 deposited on 21 February 2013

iv. Court of Appeal of Milano judgment no.1237/15 deposited on 16 February 2016

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