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CASE OF CONDOMINIO PORTA RUFINA AGAINST ITALY AND 6 OTHER CASES

Doc ref: 14346/05;19169/02;37338/03;50825/06;68585/01;68610/01;69872/01 • ECHR ID: 001-215325

Document date: December 8, 2021

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CASE OF CONDOMINIO PORTA RUFINA AGAINST ITALY AND 6 OTHER CASES

Doc ref: 14346/05;19169/02;37338/03;50825/06;68585/01;68610/01;69872/01 • ECHR ID: 001-215325

Document date: December 8, 2021

Cited paragraphs only

Resolution CM/ResDH(2021)397

Execution of the judgments of the European Court of Human Rights

Seven 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

14346/05

CONDOMINIO PORTA RUFINA

06/06/2019

19169/02

MIDEO

06/06/2019

37338/03

FENDI AND SPERONI

05/10/2006

24/07/2012

05/01/2007

24/10/2012

50825/06

PELLITTERI AND LUPO

06/10/2015

68585/01

JANES CARRATÙ

03/08/2006

19/10/2010

03/11/2006

19/01/2011

68610/01

GAUTIERI AND OTHERS

19/10/2006

14/12/2010

19/01/2007

11/04/2011

69872/01

SPAMPINATO

05/10/2006

28/08/2012

05/01/2007

28/11/2012

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 1 of Protocol No. 1 established due to the absence of sufficient safeguards and/or the excessively restrictive rules on compensation for emergency expropriations by local authorities; having regard also to the violations of Article 6, paragraph 1, of the Convention established in Mideo and Gautieri and Others due to the insufficient amount of compensation awarded in the framework of a compensatory remedy available to victims of excessively long proceedings;

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;

Noting that the just satisfaction awarded by the Court in these cases for pecuniary damage, where appropriate, as well as for non-pecuniary damage and costs and expenses has been paid and considering that the question of individual measures has been resolved, since the consequences suffered by the applicants as a result of the violations found have thus been erased;

Recalling that the measures required to guarantee non-repetition of the violations of Article 1 of Protocol No. 1 and of Article 6, paragraph 1 were examined in the context of the Belvedere Alberghiera S.R.L. group of cases (see Final Resolution CM/ResDH(2017)138 ) and the Giuseppe Mostaccioulo (No. 1) group of cases (see Final Resolution CM/ResDH(2015)155 ), respectively;

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.

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