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FIRST SECTION

DECISION

Application no. 30797/17
Matteo MENDUNI against Italy
and 7 other applications

(see appended table)

The European Court of Human Rights (First Section), sitting on 20 October 2022 as a Committee composed of:

Krzysztof Wojtyczek, President,
Erik Wennerström,
Lorraine Schembri Orland, 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 and Article 1 of Protocol No. 1 concerning the non-enforcement or delayed enforcement of domestic decisions were communicated to the Italian Government (“the Government”).

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 10 November 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

Relevant

domestic decision

Domestic

court order

Other complaints under

well-established

case-law

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]

30797/17

29/03/2017

Matteo MENDUNI

1980

Catanzaro Court

of Appeal R.G.

1034/10, 29/09/2011

Payment of

court fees

(“avvocato

antistatario”)

23/06/2022

16/03/2022

295

250

39890/17

16/05/2017

Orsola D’ADDAMIO

1981

Perugia Court of

Appeal R.G.

681/14,

16/12/2014

Payment of

court fees

(“avvocato

antistatario”)

22/06/2022

30/06/2022

640

250

8887/19

31/01/2019

Erminio Angiolino PACIFICO

1955

Rome Court of

Appeal R.G.

4470/16,

06/06/2016

Lazio Regional

Administrative

Court R.G.

9542/17,

19/11/2018

Payment of

court fees

(“avvocato

antistatario”)

23/06/2022

10/03/2022

5,900

250

52623/19

03/10/2019

Giovanni ROMANO

1953

Paola GENITO

1968

Romano Giovanni

Rome

Catanzaro Court

of Appeal R.G.

1579/12,

02/04/2013

(in favour of

M. Romano only)

Rome Court of

Appeal R.G.

53806/09,

19/09/2013

Payment of

court fees

(“avvocato

antistatario”)

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

23/06/2022

30/03/2022

1,350

to be paid to the applicant,

Giovanni ROMANO;

510

to be paid to the applicant

Paola GENITO

250

31695/20

17/07/2020

Gianpiero PASQUARIELLO

1972

Rome Court of

Appeal R.G.

51751/11,

28/01/2016

Rome Court of

Appeal R.G.

51983/12,

18/07/2017

Rome Court of

Appeal R.G.

51982/12,

20/07/2017

Rome Court of

Appeal R.G.

51984/12,

20/07/2017

Rome Court of

Appeal R.G.

54252/12,

03/10/2017

Rome Court of

Appeal R.G.

54251/12,

25/10/2017

Payment of

court fees

(“avvocato

antistatario”)

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

23/06/2022

06/05/2022

6,100

250

5413/21

05/01/2021

Domenico SIMONE

1966

Rome Court of

Appeal R.G.

50193/11,

10/03/2015

Payment of

court fees

(“avvocato

antistatario”)

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

23/06/2022

09/03/2022

2,000

250

5417/21

05/01/2021

Domenico SIMONE

1966

Rome Court of

Appeal R.G.

5238/15,

27/06/2016

Payment of

court fees

(“avvocato

antistatario”)

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

23/06/2022

09/03/2022

3,000

250

5432/21

05/01/2021

Domenico SIMONE

1966

Rome Court of

Appeal R.G.

50194/11,

10/03/2015

Payment of

court fees

(“avvocato

antistatario”)

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

23/06/2022

09/03/2022

1,000

250


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

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