Přehled

Text rozhodnutí
Datum rozhodnutí
8.9.2022
Rozhodovací formace
Významnost
3
Číslo stížnosti / sp. zn.

Rozhodnutí

FIRST SECTION

DECISION

Application no. 16814/21
Lina MALIZIA against Italy
and 6 other applications

(see appended table)

The European Court of Human Rights (First Section), sitting on 8 September 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 declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases, and the applicants’ replies to these declarations,

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 “Pinto” domestic decisions were communicated to the Italian Government (“the Government”).

The Government submitted a declaration with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications.

The Government acknowledged the non-enforcement or delayed enforcement of domestic decisions. 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 informed the Court that they agreed to the terms of the declarations.

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 finds that, following the applicants’ express agreement to the terms of the declaration made by the Government, the cases should be treated as a friendly settlement between the parties.

It therefore 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 the 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 29 September 2022.

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

(non-enforcement or delayed enforcement of “Pinto” domestic decisions)

No.

Application no.
Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Relevant domestic

decision

Date of receipt of Government’s declaration

Date of receipt of applicant’s acceptance

Amount awarded for nonpecuniary damage per applicant (in euros)[1]

Amount awarded for costs and expenses per application

(in euros)[2]

16814/21

22/03/2021

Lina MALIZIA

1954

Falbo Cristina

Cosenza

Catanzaro Court of

Appeal R.G. 1144/2017,

09/01/2018

17/02/2022

25/03/2022

200

30

16816/21

22/03/2021

Francesco CILIO

1976

Falbo Cristina

Cosenza

Catanzaro Court of

Appeal R.G. 597/2017,

18/11/2017

17/02/2022

25/03/2022

200

30

27608/21

11/05/2021

Calogero LI MULI

1975

Savoca Alessandro

Palermo

Palermo Court of

Appeal R.G. 163/2020,

03/04/2020

17/02/2022

10/03/2022

200

30

33556/21

21/06/2021

Arcangelo TAURIELLO

1974

Faggella Giuseppe

San Fele

Potenza Court of

Appeal R.G. 39/16,

01/03/2016

17/02/2022

16/03/2022

200

30

35378/21

26/06/2021

Agnese RICIGLIANO

1982

Cassino Caterina

Ruoti

Potenza Court of

Appeal RG 263/17,

19/07/2017

17/02/2022

16/03/2022

200

30

35380/21

26/06/2021

Angelo D’ANGELO

1947

Faggella Giuseppe

San Fele

Potenza Court of

Appeal RG 70/2017,

24/02/2017

17/02/2022

16/03/2022

200

30

35387/21

26/06/2021

Giovanni LIONE

1981

Faggella Giuseppe

San Fele

Rome Court of

Appeal RG 59004/06,

29/09/2008

17/02/2022

16/03/2022

200

30


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

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