Resolution CM/ResDH(2021)400

Execution of the judgments of the European Court of Human Rights

Two cases against Italy

(Adopted by the Committee of Ministers on 8 December 2021

at the 1420 th meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

29932/07

MOTTOLA AND OTHERS

04/02/2014

06/09/2018

04/05/2014

06/09/2018

29907/07

STAIBANO AND OTHERS

04/02/2014

06/09/2018

04/05/2014

06/09/2018

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),

Having regard to the final judgments transmitted by the Court to the Committee in these cases and to the violations of Article 6, paragraph 1, of the Convention and of Article 1 of Protocol No. 1 established due to an unforeseeable change in the interpretation of relevant rules of procedure which deprived the applicants from having access to a court to obtain recognition of a public employment relationship and of the pension entitlements deriving from it;

Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the action report provided by the government indicating the measures adopted in order to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2021)1122 );

Noting, as regards the individual measures, that following the Court’s judgments on the merits, some of the applicants took steps to obtain the reopening of the impugned proceedings, but that these have been unsuccessful due to the lack of provision allowing to reopen civil proceedings following judgments of the Court finding a violation of the Convention;

Noting further that in the subsequent judgments on just satisfaction, the Court awarded the applicants compensation in respect of the pecuniary and non-pecuniary damage incurred and considering that through the payment of these sums the applicants have been put, as far as possible, in the position they would have enjoyed had these violations not occurred;

Taking note with great interest of the information about the ongoing legislative reforms aimed inter alia at introducing in the Italian legal system the possibility to seek reopening of civil proceedings, while safeguarding the rights acquired by bona fide third parties, and expressing its full support to this initiative;

Welcoming, as regards the general measures, the important guidance provided by the Court of Cassation in 2019 with a view to protecting the parties to court proceedings against the detrimental effects of reversals of jurisprudence when it comes to the procedural rules applied;

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and

DECIDES to close the examination thereof.