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25.8.2022
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FIRST SECTION

DECISION

Application no. 31207/08
Maria Angela DEL BIANCO against Italy
and 5 other applications

(see appended table)

The European Court of Human Rights (First Section), sitting on 25 August 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 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 undertook to ensure the enforcement of the domestic decisions under consideration in the cases concerned (see appended table) within the same three-month period, where the final judgments have remained unenforced.

The payment and, where relevant, 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 15 September 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/
registration

Representative’s name and location

Other complaints under wellestablished caselaw

Relevant domestic decisions

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]

31207/08

16/06/2008

Maria Angela DEL BIANCO

1941

Gullotta Fabio

Rome

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

Rome

Court of Appeal

no. 2792/06, 12/06/2006

20/04/2022

05/01/2022

2,400

250

24190/09

21/04/2009

Monica CIOPPA

1965

Maria Vittoria DI CURZIO

1941

Leo Pietro

Benevento

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

Regional

Administrative Court

no. 6380/05,

10/03/2005

20/04/2022

16/06/2022

2,400

250

8195/11

10/01/2011

Monica CIOPPA

1965

Maria Vittoria DI CURZIO

1941

Leo Pietro

Benevento

Naples

Court of Appeal

no. 962/10, 19/03/2010

20/04/2022

20/02/2022

4,000

250

34517/12

22/05/2012

Vita SCIRÈ

1936

Grazia Maria GRIGNANO

1965

Maria Antonia GRIGNANO 1964

Piacentino Massimo

Trapani

Prot. 1 Art. 1 - lack of or delayed payment of a debt by State authorities - Applicants deprived of their property without compensation

Palermo

Court of Appeal

R.G. no. 1928/04,

14/10/2009

20/04/2022

20/01/2022

9,600

250

13858/15

16/03/2015

AVENTINO FRUTTA A.R.L.

1964

Buffolo Andrea

Rome

Art. 6 (1) – nonenforcement or delayed enforcement of domestic decisions - Impossibility to obtain through enforcement proceedings the payment of debts incurred by the Municipality of Rome (De Luca v. Italy, no. 43870/04, 24 September 2013, §§ 65-74).

Rome

Court of Appeal

R.G. 6173/06,

06/05/2014

20/04/2022

05/01/2022

9,600

250

58692/16

30/09/2016

Maria Bruna SIMONCELLI

1946

Lizza Egidio

Rome

Rome

Court of Appeal

no. 1422/15,

03/03/2015

20/04/2022

20/12/2021

2,400

250


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

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