Information Note on the Court’s case-law 35

October 2001

Sciortino v. Italy - 30127/96

Judgment 18.10.2001 [Section II]

Article 1 of Protocol No. 1

Article 1 para. 1 of Protocol No. 1

Peaceful enjoyment of possessions

Failure of authorities to make full payment in compliance with court judgment: violation

Facts : The applicant obtained an order from the Audit Court in 1993 for payment of additional pension right s. He then instituted compliance proceedings and in 1997 the authorities were ordered to comply with the judgment within 60 days. Part payment was made in May 1998 and a further payment was made in June 1999. However, the applicant claims that a large amou nt is still outstanding. This is not disputed by the Government.

Law : Article 1 of Protocol No. 1 – The fact that the authorities still owe the applicant sums to which he is entitlted by virtue of a final court decision constitutes an unjustified interfere nce with his right to peaceful enjoyment of his possessions.

Article 41 – The Court awarded the applicant the amount which he is owed by the authorities and also made awards in respect of non-pecuniary damage and costs.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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