Resolution CM/ResDH(2023)47

Execution of the judgment of the European Court of Human Rights

Rossi against Italy

(Adopted by the Committee of Ministers on 15 March 2023 at the 1460 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

21844/10

ROSSI

14/10/2021

14/10/2021

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 due to the application of newly enacted legislation to on-going court proceedings concerning the calculation of the retirement pensions of Italian nationals who had worked in Switzerland, which had effectively decided the outcome of these 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 the individual measures was resolved in this case given that the just satisfaction awarded by the Court to compensate the pecuniary and non-pecuniary damage suffered by the applicant as a result of the violation found has been paid;

Underlying that the closure of this case in no way prejudges the Committee’s evaluation of the general measures required, to be pursued in the framework of the case of Stefanetti and Others v. Italy (Application No. 21838/10);

Recalling also that the question of the general measures required to ensure that retroactive laws are adopted and applied in strict conformity with the requirements of the Convention is examined in the framework of the Agrati and Others v. Italy group of cases (Application No. 43549/08);

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.