EUROPEAN COURT OF HUMAN RIGHTS
945
11.12.2001
Press release issued by the Registrar
CHAMBER JUDGMENTS CONCERNING
Italy and Poland
The European Court of Human Rights has today notified in writing the following 50 Chamber judgments of which only the friendly settlement is final[1]:
SECTION 2
In the following forty-nine Italian cases, the applicants complained about the length of the civil proceedings (indicated in brackets) to which they were parties. They relied on Article 6 § 1 of the European Convention on Human Rights, claiming their civil rights were not decided within a reasonable time. In Mazzoleni and others v. Italy and I.M. v. Italy the applicants also relied on Article 1 of Protocol No.1 (protection of property). In Selva v. Italy the applicant further complained, relying on Article 13, that there was no effective remedy to complain about the excessive length of the proceedings.
Violation of Article 6 § 1
In all judgments the European Court of Human Rights held unanimously that there had been a violation of Article 6 § 1 and awarded each applicant the following amounts in Euro (EUR) for non-pecuniary damage, costs and expenses. (The judgments are available only in French).
Violation of Article 13
In Selva v. Italy the Court also found unanimously that there had been a violation of Article 13.
In both Mazzoleni and others v. Italy and I.M. v. Italy the Court held unanimously that it was not necessary to examine their complaints under Article 1 of Protocol No. 1.
| non-pecuniary | costs and |
(1) Laganà v. Italy (application no. 44520/98) (almost 19 years and two months) | EUR 3,098 | EUR 1,500 |
(2) Romano v. Italy (no. 48407/99) (more than nine years and 10 months and still pending on 6 September 2001) | EUR 12,000 | EUR 1,500 |
(3) Armando Grasso v. Italy (no. 48411/99) (more than nine years and 11 months for two levels of jurisdiction) | EUR 8,000 | EUR 1,500 |
(4) Gaspari v. Italy (no. 51648/99) (more than five years and 11 months) | EUR 5,000 | EUR 500 |
(5) Camici v. Italy (no. 51649/99) (more than 12 years and six months) | EUR 16,000 | - |
(6) Molinaris v. Italy (no. 51650/99) (approximately 15 years and 10 months) | EUR 24,000 | EUR 1,000 |
(7) Allegri v. Italy (no. 51651/99) (eight years and 10 months for two levels of jurisdiction) | EUR 7,000 | EUR 2,500 |
(8) Molek v. Italy (no. 51652/99) (more than five years and 10 months for two levels of jurisdiction) | EUR 4,000 | - |
(9) F.CA v. Italy (no. 51653/99) (five years and three months) | EUR 4,000 | - |
(10) Mezzetta v. Italy (no. 51654/99) (more than nine years and three months) | EUR 12,000 | EUR 2,000 |
(11) Mazzoleni and others v. Italy (no. 51655/99) (more than seven years and nine months and still pending on 30 August 2001) | EUR 8,000 | EUR 2,000 |
(12) Targi and Bianchi v. Italy (no. 51656/99) (more than 11 years and 11 months for two levels of jurisdiction and still pending on 3 November 2000) | EUR 12,000 | EUR 750 |
(13) Pastrello v. Italy (no. 51657/99) (more than seven years and six months and still pending on 11 December 2001) | EUR 8,000 | - |
(14) Roccatagliata v. Italy (no. 51659/99) (more than 11 years and 10 months) | EUR 16,000 | EUR 2,000 |
(15) Brivio v. Italy (no. 51660/99) (more than seven years and six months and still pending on 11 December 2001) | EUR 8,000 | EUR 750 |
(16) Beluzzi and Mangili v. Italy (no. 51661/99) (more than 10 years and six months and still pending on 11 December 2001) | EUR 14,000 | EUR 750 |
(17) D'Apice v. Italy (no. 51662/99) (more than seven years and nine months and still pending on 16 November 2001) | EUR 8,000 | EUR 1,500 |
(18) Villanova v. Italy (no. 51663/99) (more than 14 years and six months for three levels of jurisdiction) | EUR 10,000 | - |
(19) Plebani v. Italy (no. 51665/99) (more than eight years and six months and still pending on 16 October 2001) | EUR 10,000 | EUR 1,500 |
(20) G.L. v. Italy (no. 51666/99) (more than four years and four months) | EUR 6,000 | EUR 150 |
(21) Bertot v. Italy (no. 51667/99) (23 years and seven months for two levels of jurisdiction and still pending on 11 December 2001) | EUR 5,500 | EUR 500 |
(22) Lopriore v. Italy (no. 51668/99) (more than 17 years and one month for two levels of jurisdiction) | EUR 17,500 | EUR 500 |
(23) Sordelli and C. S.n.c. v. Italy (no. 51670/99) (approximately 12 years and one month and still pending on 15 March 2001) | - | EUR 500 |
(24) Arrigoni v. Italy (no. 51671/99) (more than eight years and two months) | EUR 10,000 | EUR 2,500 |
(25) Selva v. Italy (no. 51672/99) (more than 14 years for two levels of jurisdiction) | EUR 20,000 | EUR 3,000 |
(26) Tiozzo Peschiero v. Italy (no. 51673/99) (more than seven years and four months) | EUR 6,000 | EUR 1,000 |
(27) V.I. v. Italy (no. 51674/99) (more than 15 years and five months and still pending on 21 April 2000) | EUR 26,000 | EUR 1,500 |
(28) Ferfolja v. Italy (no. 51675/99) (more than nine years and two months and still pending on 19 September 2001) | EUR 12,000 | EUR 500 |
(29) Meneghini v. Italy (no. 51677/99) (more than four years and 11 months) | EUR 5,000 | EUR 500 |
(30) Baioni and Badini v. Italy (no. 51678/99) (more than 10 years and nine months and still pending on 11 December 2001) | EUR 11,000 | EUR 1,250 |
(31) Cassin v. Italy (no. 51679/99) (more than five years and six months) | EUR 7,000 | EUR 2,500 |
(32) Canapicchi v. Italy (no. 51680/99) (approximately seven years and four months for two levels of jurisdiction) | EUR 6,000 | EUR 1,000 |
(33) Butta v. Italy (no. 51682/99) (more than seven years and eight months and still pending on 11 December 2001) | EUR 8,000 | EUR 1,500 |
(34) De Guz v. Italy (no. 51683/99) (more than seven years and seven months and still pending on 11 December 2001) | EUR 8,000 | EUR 1,500 |
(35) P. and M.O. v. Italy (no. 51692/99) (more than 37 years and one month) | EUR 16,000 | EUR 1,000 |
(36) Bettella v. Italy (no. 51695/99) (more than12 years and four months) | EUR 16,000 | - |
(37) Cappelletti and Dell'Agnese v. Italy (no. 51696/99) (approximately 12 years and nine months and more than eight years and seven months for the first and second applicant respectively) | EUR 15,000 and EUR 10,000 to the first and second applicants respectively | EUR 750 |
(38) Piccinin v. Italy (no. 51697/99) (more than 16 years and eight months and still pending on 17 October 2001) | - | - |
(39) O.M. v. Italy (no. 51698/99) (more than 15 years and 10 months for two levels of jurisdiction) | EUR 18,000 | - |
(40) Perico v. Italy (no. 51699/99) (approximately nine years and 11 months and still pending on 10 September 2001) | EUR 12,000 | EUR 1,500 |
(41) Pelagagge v. Italy (no. 51700/99) (21 years and three months) | EUR 28,000 | EUR 2,000 |
(42) Carbone v. Italy (no. 51702/99) (more than 11 years and two months for two levels of jurisdiction) | EUR 12,000 | EUR 2,000 |
(43) Giacomo and Gianfranco Rota v. Italy (no. 51704/99) (almost 12 years and 10 months for two levels of jurisdiction) | EUR 14,000 | EUR 750 |
(44) Roberto and Giuseppe Rota v. Italy (no. 51705/99) (almost 10 years and six months) | EUR 14,000 | EUR 750 |
(45) Mannari v. Italy (no. 51706/99) (more than 16 years and seven months and still pending on 16 November 2000) | EUR 10,000 | EUR 1,500 |
(46) Vanzetti v. Italy (no. 51707/99) (more than eight years and three months and still pending on 28 September 2001) | EUR 10,000 | EUR 1,500 |
(47) I.M. v. Italy (no. 51708/99) (more than 15 years and five months for two levels of jurisdiction and still pending on 27 September 2001) | EUR 20,000 | EUR 500 |
(48) Gianbattista Rossi v. Italy (no. 51710/99) (almost nine years and six months) | EUR 12,000 | EUR 1,500 |
(49) Spanu v. Italy (no. 51711/99) (more than seven years and five months) | EUR 8,000 | EUR 1,500 |
SECTION 4
(50) Pałys v. Poland (no. 51669/99) Friendly settlement
Renata Pałys, a Polish national, alleged that, as a result of medical negligence while she was giving birth in Wrocław Regional Hospital in 1983, she had to undergo several gynaecological operations, that she could not work and that she had been declared disabled. On 14 January 1986 she filed an action for damages against the hospital. She complained about the length of the proceedings, which appear to be still pending. She relied on Article 6 § 1.
The case has been struck out following a friendly settlement in which a global sum of 25,000 Polish zlotys is to be paid for any non-pecuniary and pecuniary damage, costs and expenses. (The judgment is available only in English.)
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The Court’s judgments are accessible on its Internet site (http://www.echr.coe.int).
Registry of the European Court of Human Rights
F – 67075 Strasbourg Cedex
Contacts: Roderick Liddell (telephone: (0)3 88 41 24 92)
Emma Hellyer (telephone: (0)3 90 21 42 15)
Fax: (0)3 88 41 27 91
The European Court of Human Rights was set up in Strasbourg in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. On 1 November 1998 a full-time Court was established, replacing the original two-tier system of a part-time Commission and Court.
[1] Under Article 43 of the European Convention on Human Rights, within three months from the date of a Chamber judgment, any party to the case may, in exceptional cases, request that the case be referred to the
17-member Grand Chamber of the Court. In that event, a panel of five judges considers whether the case raises a serious question affecting the interpretation or application of the Convention or its Protocols, or a serious issue of general importance, in which case the Grand Chamber will deliver a final judgment. If no such question or issue arises, the panel will reject the request, at which point the judgment becomes final. Otherwise Chamber judgments become final on the expiry of the three-month period or earlier if the parties declare that they do not intend to make a request to refer.