Information Note on the Court’s case-law 19

June 2000

Pellegrini v. Italy (dec.) - 30882/96

Decision 29.6.2000 [Section II]

Article 6

Civil proceedings

Article 6-1

Fair hearing

Exequatur of ecclesiastical court judgment despite alleged infringement on rights of defence: admissible

The applicant was married in 1962 in a religious ceremony which was also valid in the eyes of the law. In 1987 she applied for judicia l separation. The same year, she was summoned to appear before an ecclesiastical court. At the hearing, she was informed for the first time that her husband had applied for the marriage to be annulled on the grounds of consanguinity. In accordance with the Code of Canon Law, the court dealt with the matter under a summary procedure and decided to annul the marriage. The applicant appealed to the Rota Romana, arguing, inter alia , that her right to a fair hearing had been breached in that she had not been not ified in advance of the reason for summoning her and, accordingly, had not been able either to prepare her case or to appoint a lawyer to assist her. The Rota upheld the decision annulling the marriage. Its judgment was referred to an Italian court of appe al for a declaration that it could be enforced under Italian law. The applicant requested the court of appeal to quash the Rota’s judgment on the ground that the ecclesiastical courts had breached the right to a fair hearing. In a judgment of 1991, the cou rt of appeal declared the Rota’s judgment enforceable. The applicant’s appeal on points of law was equally unsuccessful.

Admissible under Article 6 § 1 (fair hearing).

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

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