Lexploria

FIRST SECTION

DECISION

Application no. 68602/13 Cecilia ALFINI and Others against Italy

(see appended table)

The European Court of Human Rights (First Section), sitting on 29 June 2023 as a Committee composed of:

Alena PolÃ¡ÄkovÃ¡ , President , Gilberto Felici, Raffaele Sabato , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 22 October 2013,

Having regard to the declaration submitted by the respondent Government requesting the Court to strike the application out of the list of cases,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants is set out in the appended table.

The applicants were represented by Mr A. Salerni, a lawyer practising in Rome.

The applicantsâ€™ complaints under Article 6 Â§ 1 of the Convention and Article 1 of Protocol No. 1 concerning the application of retrospective legislation (Law no. 148/2011 of 13 August 2011) to pending national proceedings were communicated to the Italian Government (â€œthe Governmentâ€).

THE LAW

After unsuccessful friendly-settlement negotiations, the Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the application in accordance with Article 37 of the Convention.

The Government acknowledged the violation of Article 6 Â§ 1 of the Convention and of Article 1 of Protocol No. 1. They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the application out of the list of cases in accordance with Article 37 Â§ 1 (c) of the Convention. The amounts would be payable within three months from the date of notification of the Courtâ€™s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertook to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

The payment will constitute the final resolution of the case.

The Court also notes that the Government proposed to jointly award the applicants 2,000 (two thousand) euros (EUR) for costs and expenses.

The applicants were sent the terms of the Governmentâ€™s unilateral declaration several weeks before the date of this decision.

The applicants, M. Andracchio, M.G. Liberati, R. Lucarelli, G. Molisani and M. Simoncelli, rejected the terms of the declaration. The Court notes that the remaining applicants were not satisfied with the terms of the unilateral declaration concerning costs and expenses.

The Court observes that Article 37 Â§ 1 (c) enables it to strike a case out of its list if:

â€œ... for any other reason established by the Court, it is no longer justified to continue the examination of the applicationâ€.

Thus, it may strike out applications under Article 37 Â§ 1 (c) on the basis of a unilateral declaration by a respondent Government even if the applicants wish the examination of the case to be continued (see, in particular, the Tahsin Acar v. Turkey judgment (preliminary objections) [GC], no. 26307/95, Â§Â§ 75 â€‘ 77, ECHR 2003-VI).

Noting the admissions contained in the Governmentâ€™s declaration as well as the amount of compensation proposed for pecuniary damage â€“ which is consistent with the amounts awarded in similar cases â€“ the Court considers that it is no longer justified to continue the examination of the application (Article 37 Â§ 1 (c)).

In the light of the above considerations, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the application (Article 37 Â§ 1 in fine ).

Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declaration, the application may be restored to the list in accordance with Article 37 Â§ 2 of the Convention (see JosipoviÄ‡ v. Serbia (dec.), no. 18369/07, 4 March 2008).

The Court also has the discretion to award legal costs when it strikes out an application (Rule 43 Â§ 4 of the Rules of Court). The general principles governing reimbursement of costs under Rule 43 Â§ 4 are essentially the same as under Article 41 of the Convention (see, among others, Romanenco v. the Republic of Moldova (dec.), no. 39107/14, 25 March 2021, Union of Jehovahâ€™s Witnesses of Georgia v. Georgia (dec.), no. 72874/01, Â§ 33, 21 April 2015, and Meriakri v. Moldova (dec.), no. 53487/99, Â§ 33, 1 March 2005). In the present case, having regard to the documents in its possession, to its case-law and to the amount already proposed by the Government, the Court considers it reasonable to award the applicants jointly an additional sum of EUR 1,500 (one thousand and five hundred euros) in respect of legal costs and expenses, plus any tax that may be chargeable to them.

In view of the above, it is appropriate to strike the case out of the list.

For these reasons, the Court, unanimously,

Takes note of the terms of the respondent Governmentâ€™s declaration and of the arrangements for ensuring compliance with the undertakings referred to therein;

Decides to strike the application out of its list of cases in accordance with Article 37 Â§ 1 (c) of the Convention;

Holds

(a) that the respondent State is to pay to the applicants, within three months, in addition to the sum contained in the unilateral declaration submitted by the Government, EUR 1,500 (one thousand and five hundred euros), plus any tax that may be chargeable in this respect to the applicants;

(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

Done in English and notified in writing on 20 July 2023.

Viktoriya Maradudina Alena PolÃ¡ÄkovÃ¡ Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 6 Â§ 1 of the Convention and Article 1 of Protocol No. 1

(legislative interference)

Application no. Date of introduction

Applicantâ€™s name

Year of birth

Representativeâ€™s name and location

Date of receipt of Governmentâ€™s declaration

Date of receipt of applicantâ€™s comments

Amount awarded for

pecuniary damage

per applicant (in euros) [1]

Amount awarded for costs and expenses (in euros) [2]

68602/13

22/10/2013

(91 applicants)

Cecilia ALFINI

1954Salerni Arturo

Rome

27/12/2022

28/04/2023

5,134.65

2,000,

under the Governmentâ€™s unilateral declaration,

jointly to all applicants,

and

1,500,

award made by the Court

jointly to all applicants

Antonella AMICI

1947

5,885.35

Attilia Domenica AMICONE

1946

9,638.19

Maurizio ANDRACCHIO

1955

5,075.95

Maria Antonietta BERTI

1949

6,614.35

Fabrizio BOVINO

1970

5,032.23

Anna Maria BRIGLIA

1942

7,949.09

Giovanni BUCOLO

1978

3,686

Vincenza BUFALO

1956

9,978.94

Cinzia BURAGLINI

1963

6,882.78

Marialuisa CALOGERO

1953

8,467.57

Franco CANNA

1960

8,467.57

Donatella CANNOVA

1961

9,932.89

Maria Viola CASORERIO

1953

6,008.25

Lucio CAVICCHIOLI

1962

8,088.77

Alessio CICCARELLA

1970

6,830.01

Paola CIONI

1963

9,013.97

Ornella CIUCCIARELLI

1958

4,649.03

Maria Luisa CUCCARO

1946

7,612.46

Adelaide DE SIMONE

1953

5,791.25

Carlo DI CARLO

1953

7,428.77

Caterina DI CICCO

1948

3,230.40

Marilena DIGIOIA

1963

3,701.87

Gino Vittorio Dâ€™INNOCENZO

1946

10,981.18

Demetrio DUCA

1948

7,606.29

Roberto FABBRO

1955

7,729.73

Maria Maddalena FARINA

1963

7,015.48

Tiziana FEDERICI

1956

5,257.76

Fabrizio FELICI

1958

2,641.03

Roberta FERRAZZA

1951

10,963.82

Andreina FONTANA

1948

9,638.19

Antonietta FRANZA

1954

9,046.50

Franca FURLANETTO

1954

2,415.64

Rita FUSCO

1948

7,651.11

Maria Rosaria GALIERO

1963

5,473.64

Stefania GIAMBANCO

1958

9,638.19

Lucia GRASSO

1962

8,275.84

Giuseppina GRECIS

1947

9,210.07

Cinzia GRILLI

1962

4,427.01

Antonella GUANTARIO

1953

9,638.19

Maria Giacinta GUANTARIO

1946

8,176.43

Carlo GUIDA FANTINI

1950

9,638.19

Stefania LANGIU

1959

9,638.19

Oreste LASTELLA

1964

7,810.09

Ines LE BRETON

1963

8,416.10

Lina LENE

1953

7,462.27

Mariarita LEVATO

1957

8,333.70

Maria Grazia LIBERATI

1959

5,394.21

Saverio LOPEZ

1957

7,895.50

Roberta LUCARELLI

1961

9,638.19

Loredana LUCHETTI

1957

8,467.57

Alberto Pietro Aurelio MANAI

1959

6,577.75

Mauro MARCELLO

1961

9,638.19

Diana MARIANO

1952

9,637.67

Roberto MARSILI

1950

5,784.80

Lucilla MATTONI

1960

7,929.46

Anna Maria MAURIZI

1953

4,241.10

Roberto MAZZONI

1967

8,467.57

Maria Teresa MEZZANI

1941

7,303.98

Tiziana MIRABELLI

1955

3,387.93

Giulio MOLISANI

1945

11,464.29

Anna MONDAVIO

1956

9,863.13

Paolina MORETTI

1941

8,276.77

Graziella MURA

1944

7,614.42

Antonino OTTIMOFIORE

1952

10,981.18

Guido PEPE

1952

6,982.40

Luciano PINNA

1947

8,981.61

Alessandro PITOTTI

1964

5,808.99

Tiziana PIZZICHERIA

1956

4,709.92

Simona PRUNALI

1950

7,635.71

Roberto REITANO

1965

6,982.40

Valeria RUMORI

1962

9,579.48

Gianfranco SCIASCIA

1951

6,158.83

Maria Pia SEQUI

1955

8,200.54

Vanda SERRANTI

1955

9,638.19

Marco SIMONCELLI

1968

3,685.79

Palmerino STELLA

1961

7,654.31

Enrico TARONI

1961

7,654.31

Luciana TARQUINI

1949

5,914.80

Caterina TIBERI VIPRAIO

1950

8,338.82

Renzo TIBERI

1950

9,638.19

Antonio TIBURZI

1957

7,654.31

Augusto TRANQUILLI

1948

7,562.00

Franca TROTTA

1951

8,338.82

Massimo UGOLINI

1958

7,654.31

Zita VALLE

1956

4,411.13

Giovanna VALOPPI

1950

8,467.57

Morena VEGLIANTI

1966

7,551.87

Fulvia VENEZIANI

1949

11,645.83

Gina VERNARECCIO

1948

5,404.01

Monica ZECCA

1958

9,638.19

[1] Plus any tax that may be chargeable to the applicants.

[2] Plus any tax that may be chargeable to the applicants.

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ALFINI AND OTHERS v. ITALY

ALFINI AND OTHERS v. ITALY

LEXI