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Datum rozhodnutí
10.11.2022
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FIRST SECTION

DECISION

Application no. 36465/17
Orsola D’ADDAMIO against Italy
and 3 other applications

(see appended table)

The European Court of Human Rights (First Section), sitting on 10 November 2022 as a Committee composed of:

Krzysztof Wojtyczek, President,
Ivana Jelić,
Erik Wennerström, 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 formal declarations accepting a friendly settlement of the cases,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

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

The applicants’ complaints under Article 6 § 1 of the Convention concerning the non-enforcement or delayed enforcement of domestic decisions were communicated to the Italian Government (“the Government”). In some applications complaints based on the same set of facts were also communicated to the Government (see appended table below).

The Court received the friendly-settlement declarations, signed by the parties, under which the applicants agreed to waive any further claims against Italy in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will 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 undertake 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 Government also undertake to ensure the enforcement of the domestic decisions under consideration in the cases concerned (see appended table) within the same three-month period, and to pay any costs of the domestic enforcement proceedings.

The payment and the enforcement of the domestic decisions in the cases concerned will constitute the final resolution of the cases.

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 Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify a continued examination of the applications.

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;

Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.

Done in English and notified in writing on 1 December 2022.

Viktoriya Maradudina Krzysztof Wojtyczek
Acting Deputy Registrar President



APPENDIX

List of applications raising complaints under Article 6 § 1 of the Convention

(non-enforcement or delayed enforcement of domestic decisions)

No.

Application no.
Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Other complaints under well-established case-law

Relevant

domestic

decision

Date of receipt of Government’s declaration

Date of receipt of Applicant’s declaration

Amount awarded for non-pecuniary damage per applicant

(in euros)[1]

Amount awarded for costs and expenses per application

(in euros)[2]

36465/17

10/05/2017

Orsola D’ADDAMIO

1981

Perugia Court of Appeal

V.G. 3181/13, 04/02/2014

20/09/2022

20/09/2022

825

250

33601/19

18/06/2019

Alfredo IMPARATO

1971

Prot. 1 Art. 1 - lack of or delayed payment of a debt by State authorities

Rome Court of Appeal R.G. 54426/10, 24/07/2014

Rome Court of Appeal R.G. 54947/10, 08/06/2015

Rome Court of Appeal R.G. 55166/11, 10/03/2016

Perugia Court of Appeal R.G. 5818/12, 31/08/2017

Perugia Court of Appeal R.G. 5821-23/12, 18/09/2017

Rome Court of Appeal R.G. 56861/12, 20/02/2018

Rome Court of Appeal R.G. 56863/12, 26/06/2018

Naples Court of Appeal R.G. 1429/18, 23/07/2018

Naples Court of Appeal R.G. 1868/18, 26/09/2018

Regional Administrative

Court of Lazio

R.G. 2568/18, 02/10/2018

Regional Administrative

Court of Lazio

R.G. 10925/18, 13/05/2019

20/09/2022

30/08/2022

12,500

250

33561/21

21/06/2021

Giuseppe FAGGELLA

1969

Prot. 1 Art. 1 - lack of or delayed payment of a debt by State authorities

Potenza Court of Appeal R.G. 39/16, 01/03/2016

20/09/2022

03/06/2022

600

250

35385/21

26/06/2021

Caterina CASSINO

1967

Faggella Giuseppe

San Fele

Prot. 1 Art. 1 - lack of or delayed payment of a debt by State authorities

Potenza Court of Appeal

R.G. 263/17, 19/07/2017

20/09/2022

03/06/2022

600

250


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

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