Published on 23 October 2023

FIRST SECTION

Application no. 44249/16 Carlo COLOMBO against Italy and 3 other applications (see list appended) communicated on 3 October 2023

SUBJECT MATTER OF THE CASE

The applications concern the decisions of the Court of Cassation to declare the applicants’ appeals on points of law inadmissible for failure to comply with the formal requirements of the principle of the autonomy of the appeal on points of law ( autosufficienza del ricorso in cassazione ).

The applicants, relying on Article 6 § 1 of the Convention, and in relation to application no. 291/20 also on Article 13 of the Convention, complain that they were deprived of access to a court.

QUESTIONS TO THE PARTIES

1. Did the dismissal of the appeals by the Court of Cassation on the ground that the applicants had not complied with the principle of autonomy of the appeal on points of law ( autosufficienza del ricorso in cassazione ) impose a disproportionate restriction on the applicants’ right to a court, guaranteed by Article 6 § 1 of the Convention (see Succi and Others v. Italy , nos. 55064/11 and 2 others, §§ 71-85, 28 October 2021)?

In particular, was the application of this principle compatible with the Court’s case-law on “excessive formalism” (see, among many others, Zubac v. Croatia [GC], no. 40160/12, §§ 80-82, 87-89 and 96-99, 5 April 2018, and Succi and Others , cited above, §§ 86-95)?

2. Did the applicant have at her disposal an effective domestic remedy for her complaint under Articles 6 § 1 of the Convention, as required by Article 13 of the Convention?

APPENDIX

List of cases

No.

Application no. Case name Introduction date

Applicant’s name Year of birth/registration Place of residence Nationality

Representative’s name Location

Relevant domestic decision

Complaints

1.

44249/16 Carlo Colombo S.p.A. v. Italy 23/07/2016

CARLO COLOMBO S.P.A. 1982 Pizzighettone Italian

Angela ROVEDA Milan

Court of Cassation, R.G. 6974/14, order no. 1381, 26/01/2016

Article 6 § 1 (Access to court - Excessive formalism)

2.

52611/19 Püschel v. Italy 26/09/2019

Michael PÃœSCHEL 1964 Innsbruck Austrian

Peter PLATTER Bolzano

Court of Cassation, R.G. 10892/16, judgment no. 8449, 27/03/2019

Article 6 § 1 (Access to court - Excessive formalism) as regards the third ground of the appeal on points of law

3.

291/20 Palermo v. Italy 20/12/2019

Vincenza PALERMO 1961 Roccella Ionica Italian

Adele RITORTO Roccella Ionica

Court of Cassation, R.G. 25245/2017, order no. 16513, 20/06/2019

Article 6 § 1 (Access to court - Excessive formalism) and Article 13 as regards the fourth and fifth ground of the appeal on points of law

4.

34644/22 Borgonovo v. Italy 04/07/2022

Daniele BORGONOVO 1975 Liscate Italian

Francesco LONGO Pordenone

Court of Cassation, R.G. 16893/16, order no. 7259, 04/03/2022

Article 6 § 1 (Access to court - Excessive formalism) as regards the second and the ninth grounds of the appeal on points of law