Resolution CM/ResDH(2021)395

Execution of the judgment of the European Court of Human Rights

Facchinetti 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

34297/09

FACCHINETTI

03/09/2020

03/09/2020

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 judgment transmitted by the Court to the Committee in this case and to the violation of Article 6 of the Convention established due to the application of newly adopted legislation to ongoing judicial proceedings concerning the calculation of the retirement pensions of the applicant, an Italian national who had worked in Switzerland, which had the effect of determining the outcome of those proceedings in favour of the State;

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 information provided regarding the payment of the just satisfaction awarded by the Court ;

Considering that the question of individual measures has been resolved, since the consequences for the applicant of the violation found have been erased following the payment of the just satisfaction awarded by the Court to compensate her for the pecuniary and non-pecuniary damages suffered and to cover the costs and expenses incurred by her in the domestic and Convention proceedings;

Recalling that the general measures required to ensure that the law at issue in this case, which remains in force, is applied in accordance with the requirements of the Convention concerning legislation with retroactive effect, are examined in the case of Stefanetti and Others v. Italy and that the closure of this case therefore in no way prejudges the Committee's assessment of the general measures required;

Recalling also that the question of the general measures required to ensure that laws with retroactive effect are adopted in strict conformity with the requirements of the Convention is being examined in the framework of the Agrati and Others v. Italy group of cases;

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

DECIDES to close the examination of this case.