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BRIGHENTI AND OTHERS v. ITALY
Doc ref: 55789/21, 55834/21, 55837/21, 55869/21, 55877/21, 55888/21, 55907/21, 55915/21, 55919/21, 55922/21, ... • ECHR ID: 001-228292
Document date: September 14, 2023
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BRIGHENTI AND OTHERS v. ITALY
Doc ref: 55789/21, 55834/21, 55837/21, 55869/21, 55877/21, 55888/21, 55907/21, 55915/21, 55919/21, 55922/21, ... • ECHR ID: 001-228292
Document date: September 14, 2023
Cited paragraphs only
FIRST SECTION
DECISION
Application no. 55789/21 Donatella BRIGHENTI against Italy and 72 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 14 September 2023 as a Committee composed of:
Krzysztof Wojtyczek , President , Lətif Hüseynov, Ivana Jelić , judges ,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the declarations submitted by the respondent Government requesting the Court to strike the applications 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 N. Zampieri, a lawyer practising in Schio (Vicenza).
The applicants’ complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the application of retrospective legislation (Article 1 § 218 of Law no. 266/2005 of 23 December 2005) to pending national proceedings were communicated to the Italian Government (“the Governmentâ€).
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The Government informed the Court that they proposed to make unilateral declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications in accordance with Article 37 of the Convention.
The Government acknowledged the violation of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention. They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amounts would be payable within three months from the date of notification of the Court’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 cases.
The applicants were sent the terms of the Government’s unilateral declarations several weeks before the date of this decision. The Court has not received a response from the applicants accepting the terms of the declarations.
The Court observes that Article 37 § 1 (c) enables it to strike a case out of its list if:
“... 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 § 1 (c) on the basis of a unilateral declaration by a respondent Government even if the applicants wish the examination of the cases to be continued (see, in particular, the Tahsin Acar v. Turkey judgment (preliminary objections) [GC], no. 26307/95, §§ 75 ‑ 77, ECHR 2003-VI).
The Court has established clear and extensive case-law against Italy emphasising that the adoption of Law no. 266/2005 which definitively and retroactively settled the merits of the pending dispute between the applicants and the State and rendered futile any continuation of the proceedings was not justified by overriding reasons of general interest (see, for example, Cicero and Others v. Italy , no. 29483/11 and 4 others, §§ 31-33, 30 January 2020; De Rosa and Others v. Italy , no. 52888/08 and 13 others, §§ 48-54, 11 December 2012; and Agrati and Others v. Italy , nos. 43549/08, 6107/09 and 5087/09, §§ 59-66, 7 June 2011). When the Court found a violation of Article 6 § 1 of the Convention, it considered that the applicants had suffered a real loss of opportunity and that, consequently, the violations found were likely to have caused the applicants material damage. As to non-pecuniary damage, the Court considered that the finding of a violation constituted in itself just satisfaction for the non-pecuniary damage suffered by the applicants (see De Rosa and Others , cited above, §§ 60-62).
Noting the admissions and undertakings contained in the Government’s declarations, the Court considers that it is no longer justified to continue the examination of the applications (Article 37 § 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 applications (Article 37 § 1 in fine ).
Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declarations, the applications may be restored to the list in accordance with Article 37 § 2 of the Convention (see Josipović v. Serbia (dec.), no. 18369/07, 4 March 2008).
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Takes note of the terms of the respondent Government’s declarations and of the arrangements for ensuring compliance with the undertakings referred to therein;
Decides to strike the applications out of its list of cases in accordance with Article 37 § 1 (c) of the Convention.
Done in English and notified in writing on 5 October 2023.
Viktoriya Maradudina Krzysztof Wojtyczek Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1
(Legislative interference)
No.
Application no. Date of introduction
Applicant’s name
Year of birth
Date of receipt of Government’s declaration
Date of receipt of applicant’s comments,
if any
Amount awarded for pecuniary damage per applicant
(in euros) [1]
Amount awarded for costs and expenses per applicant
(in euros) [2]
55789/21
08/11/2021
Donatella BRIGHENTI
1961
15/06/2023
17/07/2023
The Government offered to pay 40% of the sums awarded by judgment no. 51/04 of the Verona District Court, R.C.L. 221/03, 07/06/2004, and that the applicant returned, provided that she gives proof of the restitution.
35.71
55834/21
08/11/2021
Renata SCAPINI
1961The Government offered to pay 40% of the sums awarded by judgment no. 440/05 of the Verona District Court that the applicant returned, provided that she gives proof of the restitution.
35.71
55837/21
09/11/2021
Paolo BIGHELLINI
1956The Government offered to pay 40% of the sums awarded by judgment no. 51/04 of the Verona District Court, R.C.L. 221/03, 07/06/2004, and that the applicant returned, provided that he gives proof of the restitution.
35.71
55869/21
08/11/2021
Paola VISENTINI
1964The Government offered to pay 40% of the sums awarded by judgment no. 440/05 of the Verona District Court that the applicant returned, provided that she gives proof of the restitution.
35.71
55877/21
08/11/2021
Laura TAMBURINI
1949The Government offered to pay 40% of the sums awarded by judgment no. 51/04 of the Verona District Court, R.C.L. 221/03, 07/06/2004, and that the applicants returned, provided that they give proof of the restitution.
35.71
55888/21
08/11/2021
Antonella SCANDOLA
1964
35.71
55907/21
08/11/2021
Monica GOZZI
1961
35.71
55915/21
09/11/2021
Agostino MALAGO’
1958
35.71
55919/21
11/11/2021
Emilio PREBIANCO
1953
21/06/2023
The Government offered not to proceed with the recovery of 40% of the sums paid to the applicant in execution of judgment no. 164/2003 of the Treviso District Court, R.G. 817/02, 30/05/2003.
31.25
55922/21
11/11/2021
Anna Maria MARON
1958
15/06/2023
The Government offered to pay 40% of the sums awarded by judgment no. 274/08 of the Venezia District Court and that the applicants returned, provided that they give proof of the restitution.
35.71
55926/21
11/11/2021
Paola BILLIANI
1967
35.71
55985/21
09/11/2021
Nello VINCO
1955The Government offered to pay 40% of the sums awarded by judgment no. 51/04 of the Verona District Court, R.C.L. 221/03, 07/06/2004, and that the applicant returned, provided that he gives proof of the restitution.
35.71
55989/21
11/11/2021
Laura FAVERO
1959
21/06/2023
The Government offered not to proceed with the recovery of 40% of the sums paid to the applicant in execution of judgment no. 164/2003 of the Treviso District Court, R.G. 817/02, 30/05/2003.
31.25
55993/21
09/11/2021
Antonio BISSOLO
1955
15/06/2023
The Government offered to pay 40% of the sums awarded by judgment no. 51/04 of the Verona District Court, R.C.L. 221/03, 07/06/2004, and that the applicant returned, provided that he gives proof of the restitution.
35.71
55996/21
11/11/2021
Neviano FERRO
1952The Government offered to pay 40% of the sums awarded by judgment no. 584/05 of the Rovigo District Court, R.C.L. 751/03, 12/10/2005, and that the applicant returned, provided that he gives proof of the restitution.
55998/21
11/11/2021
Gemma CECCON
1946
21/06/2023
The Government offered to pay 40% of the sums awarded by judgment no. 164/2003 of the Treviso District Court, R.G. 817/02, 30/05/2003, and that the applicant returned, provided that she gives proof of the restitution.
31.25
56002/21
09/11/2021
Stefano TOGNELLA
1961
15/06/2023
The Government offered to pay 40% of the sums awarded by judgment no. 51/04 of the Verona District Court, R.C.L. 221/03, 07/06/2004, and that the applicant returned, provided that he gives proof of the restitution.
35.71
56003/21
08/11/2021
Maria rosa MIZZON
1963The Government offered to pay 40% of the sums awarded by judgment no. 435/05 of the Verona District Court, Rand, that the applicant returned, provided that she gives proof of the restitution.
35.71
56005/21
09/11/2021
Elisabetta CORSI
1962The Government offered to pay 40% of the sums awarded by judgment no. 51/04 of the Verona District Court, R.C.L. 221/03, 07/06/2004, and that the applicants returned, provided that they give proof of the restitution.
35.71
56006/21
08/11/2021
Sara GOZZI
1965
35.71
56008/21
08/11/2021
Juana VENDRELL
1953
35.71
56025/21
08/11/2021
Ornella PERAZZANI
1962The Government offered to pay 40% of the sums awarded by judgment no. 435/05 of the Verona District Court that the applicant returned, provided that she gives proof of the restitution.
35.71
56031/21
08/11/2021
Stefania SELMO
1966The Government offered to pay 40% of the sums awarded by judgment no. 51/04 of the Verona District Court, R.C.L. 221/03, 07/06/2004, and that the applicants returned, provided that they give proof of the restitution.
35.71
56273/21
11/11/2021
Susanna TOSO
1958
35.71
56276/21
11/11/2021
Lorenzo CASTAGNETTI
1956The Government offered to pay 40% of the sums awarded by judgment no. 274/08 of the Venezia District Court and that the applicant returned, provided that he gives proof of the restitution.
35.71
56277/21
09/11/2021
Luigi PISANI
1951The Government offered to pay 40% of the sums awarded by judgment no. 51/04 of the Verona District Court, R.C.L. 221/03, 07/06/2004, and that the applicant returned, provided that he gives proof of the restitution.
35.71
56305/21
11/11/2021
Nicoletta LUGOBONI
1965The Government offered to pay 40% of the sums awarded by judgment no. 274/08 of the Venezia District Court and that the applicants returned, provided that they give proof of the restitution.
35.71
56311/21
11/11/2021
Iacoba SLEGERS
1953
35.71
57585/21
11/11/2021
Roberto GRANELLO
1961
21/06/2023
The Government offered not to proceed with the recovery of 40% of the sums paid to the applicant in execution of judgment no. 164/2003 of the Treviso District Court, R.G. 817/02, 30/05/2003.
35.71
58069/21
11/11/2021
Stefano CERADINI
1962
15/06/2023
The Government offered to pay 40% of the sums awarded by judgment no. 274/08 of the Venezia District Court and that the applicant returned, provided that he gives proof of the restitution.
35.71
58785/21
25/11/2021
Antonella CINI
1958
21/06/2023
The Government offered to pay 40% of the sums awarded by judgment no. 374/05 of the Venice District Court, R.G. 347/04, 23/05/2005, and that the applicants returned, provided that they give proof of the restitution.
35.71
58789/21
25/11/2021
Silvia TOSELLO
1960
35.71
58868/21
23/11/2021
Luciana CECCONI
1949
35.71
58874/21
25/11/2021
Antonella FAVARETTO
1958
35.71
58901/21
23/11/2021
Benedetta RONCARATI
1973
35.71
58903/21
25/11/2021
Daniela LORENZI
1960
35.71
58907/21
23/11/2021
Marilena CAGNIN
1961
35.71
58975/21
23/11/2021
Giampaolo PUGIOTTO
1956
35.71
58983/21
23/11/2021
Bruno SALMASO
1950
35.71
58986/21
23/11/2021
Emanuela FAVARO
1962
35.71
58996/21
23/11/2021
Stefano MILAN
1959
35.71
59012/21
23/11/2021
Filomena CARELLI
1950
35.71
60902/21
02/12/2021
Bruno PIVOTTO
1957The Government offered to pay 40% of the sums awarded by judgment no. 318/04 of the Vicenza District Court, R.G. 1273/03, 02/12/2004, and that the applicant returned, provided that he gives proof of the restitution.
35.71
60913/21
30/11/2021
Valeria BORTOLUZ
1955The Government offered to pay 40% of the sums awarded by the first-instance judgment, if not already enforced.
35.71
60920/21
30/11/2021
Antonio BORTOLONI
1946
15/06/2023
The Government offered to pay 40% of the sums awarded by judgment no. 285/08 of the Venezia District Court, and that the applicant returned, provided that he gives proof of the restitution.
35.71
60923/21
30/11/2021
Evelina CORRADO
1952
21/06/2023
The Government offered to pay 40% of the sums awarded by the first-instance judgment, if not already enforced.
31.25
60934/21
30/11/2021
Antoniella MACCAGNAN
1954
31.25
60960/21
02/12/2021
Giuseppe COVOLO
1961The Government offered to pay 40% of the sums awarded by judgment no. 325/04 of the Vicenza District Court, R.G. 1267/03, 02/12/2004, and that the applicant returned, provided that he gives proof of the restitution.
31.25
61115/21
30/11/2021
Mariella DE VILLA BAIS
1956The Government offered to pay 40% of the sums awarded by judgment no. 94/05 of the Belluno District Court, R.G. 233/04, 13/06/2005, if not already enforced.
31.25
61122/21
06/12/2021
Sergio RUZZIER
1957
15/06/2023
The Government offered to pay 40% of the sums awarded by judgment no. 101/05 of the Trieste District Court, R.G. 274/04, 09/02/2005, and that the applicant returned, provided that he gives proof of the restitution.
35.71
61170/21
06/12/2021
Flavio BACCI
1954The Government offered to pay 40% of the sums awarded by judgment no. 91/05 of the Trieste District Court, R.G. 273/04, 09/02/2005, and that the applicant returned, provided that he gives proof of the restitution.
35.71
1022/22
21/12/2021
Anita VALENTE
1965The Government offered to pay 40% of the sums awarded by judgment no. 240/05 of the Vicenza District Court, R.G.C.L. 1192/04, 04/08/2005, and that the applicant returned, provided that she gives proof of the restitution.
35.71
1595/22
28/12/2021
Anna Carmela RUZZA
1946The Government offered to pay 40% of the sums awarded by judgment no. 579/05 of the Rovigo District Court, R.G.C.L. 82/04, 04/08/2005 and that the applicant returned, provided that she gives proof of the restitution.
35.71
2299/22
21/12/2021
Maria Maddalena DALLA VECCHIA
1953The Government offered to pay 40% of the sums awarded by judgment no. 237 of the Vicenza District Court, R.G. 1210/04, 04/08/2005 and that the applicant returned, provided that she gives proof of the restitution.
35.71
3605/22
22/12/2021
Lucia BENA’
1952The Government offered to not proceed with the recovery of 40% of the sums paid to the applicant in execution of judgment no. 285/05 of the Rovigo District Court, R.G.C.L. 547/03, 03/05/2005.
35.71
3671/22
22/12/2021
Giancarlo BERTO
1955The Government will pay 40% of the sums awarded by judgment no. 284/05 of the Rovigo District Court, R.G. 548/03, 03/05/2005, and that the applicant returned, provided that he gives proof of the restitution.
35.71
10328/22
10/02/2022
Xenia NIBRANDT
1948The Government offered not to proceed with the recovery of 40% of the sums paid to the applicant in execution of judgment no. 174/04 Trieste District Court, R.G. 83/02, 04/05/2004.
35.71
10343/22
11/02/2022
Roberto LICEN
1948The Government offered to pay 40% of the sums awarded by judgment no. 201/03 of the Gorizia District Court, R.G. 231/02, 25/11/2003, if not already enforced.
35.71
10353/22
11/02/2022
Livio SCOPEL
1950The Government offered to pay 40% of the sums awarded by judgment no. 85/05 of the Belluno District Court, R.G. 224/04, 13/06/2005, if not already enforced.
35.71
10485/22
11/02/2022
Luigina CASAGRANDE
1948The Government offered to pay 40% of the sums awarded by judgment no. 79/05 of the Belluno District Court, R.G. 22/04, 13/06/2005, if not already enforced.
35.71
24348/22
06/05/2022
Domenica FIORINDO
1951The Government offered to pay 40% of the sums awarded by judgment no. 921/05 of the Venice District Court, R.G. 2028/04, 03/11/2005, if not already enforced.
35.71
24434/22
28/04/2022
Maria LIONELLO
1956The Government offered to pay 40% of the sums awarded by judgment no. 324/04 of the Vicenza District Court, R.G. 1271/03, 02/12/2004, and that the applicant returned, provided that she gives proof of the restitution.
35.71
24918/22
28/04/2022
Margherita COIN
1948The Government offered to pay 40% of the sums awarded by judgment no. 60/05 of the Venezia District Court, R.N. 2053/03, 10/01/2005, and that the applicant returned, provided that she gives proof of the restitution.
35.71
25005/22
28/04/2022
Agnese TONIOLO
1948The Government offered to pay 40% of the sums awarded by judgment no. 313/04 of the Vicenza District Court, R.G. 1282/03, 02/12/2004, and that the applicant returned, provided that she gives proof of the restitution.
35.71
25208/22
28/04/2022
Paola FILIPPIS
1962The Government offered to pay 40% of the sums awarded by judgment no. 314/04 of the Vicenza District Court, R.G. 1269/03, 02/12/2004, and that the applicant returned, provided that she gives proof of the restitution.
35.71
25493/22
28/04/2022
Fabia BIZZO
1952The Government offered to pay 40% of the sums awarded by judgment no. 880/05 of the Venice District Court, R.G. 1834/04, 04/11/2005, and that the applicant returned, provided that she gives proof of the restitution.
35.71
25496/22
28/04/2022
Silvana GAMBALUNGA
1949The Government offered to pay 40% of the sums awarded by judgment no. 54/05 of the Venezia District Court, R.N. 597/03, 18/01/2005 and that the applicant returned, provided that she gives proof of the restitution.
35.71
26027/22
17/05/2022
Paolo ARTUSI
1950The Government offered to pay 40% of the sums awarded by judgment no. 883 of the Venice District Court, R.G. 1865/04, 04/11/2005, and that the applicant returned, provided that he gives proof of the restitution.
111.11
26032/22
17/05/2022
Regina MARTIN
1949The Government offered to pay 40% of the sums awarded by the first-instance judgment and that the applicant returned, provided that she gives proof of the restitution.
111.11
26130/22
17/05/2022
Antonella PERIN
1958The Government offered to pay 40% of the sums awarded by judgment no. 905/05 of the Venice District Court, R.G. 2012/04, 04/11/2005, and that the applicant returned, provided that she gives proof of the restitution.
111.11
26285/22
17/05/2022
Sandro MINTO
1941The Government offered to pay 40% of the sums awarded by judgment no. 871/05 of the Venice District Court, R.G. 1825/04, 04/11/2005, and that the applicant returned, provided that he gives proof of the restitution.
111.11
26789/22
16/05/2022
Valerio ZILIO
1957The Government offered to pay 40% of the sums awarded by judgment no. 49/05 of the Venice District Court, R.G. 997/03, 18/01/2005, and that the applicant returned, provided that he gives proof of the restitution.
111.11
26794/22
16/05/2022
Giuliana BOSCARO
1950The Government offered to pay 40% of the sums awarded by judgment no. 63/05 of the Venice District Court, R.G. 1002/03, 18/01/2005, and that the applicant returned, provided that she gives proof of the restitution.
111.11
[1] Plus any tax that may be chargeable.
[2] Plus any tax that may be chargeable to the applicants.
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