Přehled
Rozhodnutí
FIRST SECTION
DECISION
Application no. 12772/10
Lidya D’ALESSANDRO and Others against Italy
and 7 other applications
(see tables appended)
The European Court of Human Rights (First Section), sitting on 19 September 2023 as a Committee composed of:
Péter Paczolay, President,
Gilberto Felici,
Raffaele Sabato, judges,
and Liv Tigerstedt, Deputy Section Registrar,
Having regard to:
the applications lodged on the various dates indicated in the appended tables,
the declarations submitted by the respondent Government on 19 January, 30 January, 23 June and 11 July 2023 requesting the Court to strike the applications out of the list of cases and the applicants’ reply to those declarations,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The list of applicants is set out in the appended tables.
2. The applicants were represented by Mr Giuseppe Ferraro, a lawyer practising in Naples.
3. The Italian Government (“the Government”) were represented by their Agent, Mr L. D’Ascia.
4. The applicants’ complaint under Article 6 of the Convention concerning the legislative interference pending judicial proceedings was communicated to the Government.
THE LAW
5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
6. The Court firstly takes note of the information regarding the death of certain applicants, indicated in Appendix I, and the wish of their heirs to continue the proceedings in their stead, as well as of the absence of an objection to that wish on the Government’s part. Therefore, the Court considers that the heirs indicated in Appendix I have standing to continue the proceedings in the late applicants’ stead.
7. On 19 and 30 January 2023 the Government informed the Court that all of the applicants listed in Appendix II had died. The applicants’ representative did not contest that information and no heirs have come forward.
8. Accordingly, the Court considers that it is no longer justified to continue the examination of the applications with respect to the applicants listed in Appendix II (Article 37 § 1 (c) of the Convention).
9. As concerns the applicants listed in Appendix I, after unsuccessful friendly-settlement negotiations, on 19 January, 30 January, 23 June and 11 July 2023 the Government informed the Court that they proposed to make unilateral declarations with a view to resolving the issues raised by these applicants. They further requested the Court to strike out the applications in accordance with Article 37 of the Convention.
10. The Government acknowledged a violation of Article 6 § 1 of the Convention. They offered to pay these applicants the amounts detailed in Appendix I 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.
11. The payment will constitute the final resolution of the case.
12. The applicants were sent the terms of the Government’s unilateral declarations. On 20 February and 26 July 2023, the Court received responses from the applicants’ representative refusing the terms of the declarations.
13. The Court observes that Article 37 § 1 (c) enables it to strike a case out of its list if:
“... for any other reason established by the Court, it is no longer justified to continue the examination of the application”.
14. Thus, it may strike out applications under Article 37 § 1 (c) on the basis of a unilateral declaration by a respondent Government even if the applicants wish the examination of the case to be continued (see, in particular, Tahsin Acar v. Turkey (preliminary objections) [GC], no. 26307/95, §§ 75‑77, ECHR 2003-VI).
15. The Court has established clear and extensive case-law concerning complaints relating to the legislative interference pending judicial proceedings in Italy (see, for example, Arras and Others v. Italy, no. 17972/07, 14 February 2012; Natale and Others v. Italy, no. 19264/07, 15 October 2013; and Casacchia and Others v. Italy, nos. 23658/07 and 2 others, 15 October 2013).
16. In the present case, the Court takes note of the applicants’ argument that, with regard to certain applicants, the amounts offered are based on a standardised determination of damages. Nevertheless, the Court also notes that only a limited number of applicants have provided individual calculations of the amounts claimed, whereas the remaining ones generically stated the applicable criteria and claimed that they were unable to submit a precise calculation. The Court recalls that it is for the applicants to prove, as far as possible, not only the existence but also the amount of the damage. Although the Court accepts that a precise calculation of the sums due is not always possible (see, for example, Kurić and Others v. Slovenia (just satisfaction) [GC], no. 26828/06, §§ 87-90, ECHR 2014), in the present case it is not convinced by the applicants’ arguments. The existence of the criteria mentioned by the common representative, along with the fact that some of the applicants have provided detailed calculations, indicates that at least an estimate of damages was possible in the present case. In these circumstances, the Court considers that the amounts offered by the Government are consistent with those that the Court would have awarded, based on the criteria adopted in similar cases (see, for example, Arras and Others, cited above).
17. Therefore, noting the admissions contained in the Government’s declarations, as well as the amount of compensation proposed, the Court considers that it is no longer justified to continue the examination of the applications relating to the concerned applicants (Article 37 § 1 (c)).
18. In the light of the above considerations, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the applications with respect to the applicants concerned (Article 37 § 1 in fine).
19. Furthermore, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declarations, the applications may be restored to the list in accordance with Article 37 § 2 of the Convention (Josipović v. Serbia (dec.), no. 18369/07, 4 March 2008).
20. In view of the above, it is appropriate to strike the applications out of the list of cases.
For these reasons, the Court, unanimously,
Decides to join the applications;
Holds that the heirs indicated in Appendix I have standing to pursue the proceedings in the stead of the deceased applicants;
Takes note of the death of the applicants listed in Appendix II and of the absence of any heirs wishing to pursue the proceedings before the Court in their stead;
Takes note of the terms of the respondent Government’s declarations concerning the remaining applicants (see Appendix I), and of the arrangements for ensuring compliance with the undertakings referred to therein;
Decides to strike the applications out of its list of cases.
Done in English and notified in writing on 12 October 2023.
Liv Tigerstedt Péter Paczolay
Deputy Registrar President
APPENDIX I
Application no. Introduction date | Applicant’s name | Amount awarded for pecuniary and non-pecuniary damage per applicant/household (in euros) | Amount awarded for costs and expenses per applicant/household (in euros) |
12772/10 D’Alessandro and Others v. Italy 18/12/2009 | Lucia MARCOLLA Sara SIGILLI Silvia SIGILLI Household Geido VANNINI
Giuseppe MAIDA Deceased in 2017 Heirs Pietro MAIDA 1969 Paola MAIDA 1980 Mariateresa MATACERA 1969 Matteo MAIDA 1996 Martina MAIDA 2000
Deceased in 2016 Heirs Maria Luisa AMBROSINO 1961 Giuseppe AMBROSINO 1962 Piera AMBROSINO 1965
Antonella MAFFETTONE Gian Domenico CARBONE Laura ZAGARELLA Deceased in 2014 Heirs Riccardo D’AMATO 1948 Annalisa D’AMATO 1954 Giuliana CAPPUCCIO Deceased in 2011 Heirs Raffaella MASTROPAOLO 1959 Michaela MASTROPAOLO 1963 Maria MICCOLIS Deceased in 2013 Heirs Francesco ETTORRE 1938 Mario ETTORRE 1942 Paola ETTORRE 1948
Deceased in 2020 Heir Alessandro CAROTI 1958 Household Household Maria NICOLETTI Filomena NICOLETTI Deceased in 2016 Heirs Mario FLAGIELLO 1943 Giovanni FLAGIELLO 1971 Vanessa FLAGIELLO 1975 Simonetta FALCIANI Deceased in 2011 Heirs Rosa BARBERIO 1936 Gloria BELLISARIO 1960 Patrizia BELLISARIO Sondra BELLISARIO 1963 Household Giovanna D’ANGELO Marco MAISANO Marina MAISANO Adriano BIZZO Raffaele MASTRANTUONO Genesia MARCANTONIO Household Pasqualina RUBINO Giovanni LEONE Mercedes LEONE Maria Stella LEONE Claudio LEONE | 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 5,900 4,800 4,200 6,300 7,500 4,000 | 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 |
12777/10 Bacca and Others v. Italy 18/12/2009 | Aldo BACCA Deceased in 2021 Heirs Daniela BACCA 1958 Adriana BACCA 1963 Gino BACCA 1967 Guglielmo BACCA 1968 Assunta D’ORIO Adriana D’AGOSTINO
Deceased in 2019 Heirs Anna MONTE 1936 Lucia DI DESIDERO 1960 Luigi DI DESIDERO 1961 Mario DI DESIDERO 1964 Marianna DI DESIDERO 1967 Household | 8,300 8,500 4,000 5,000 7,600 10,600 | 200 200 200 200 200 200 |
12779/10 Saporito and Others v. Italy 18/12/2009 | Gianfranco SAPORITO Deceased in 2019 Heirs Chiarina FERRANDO 1934 Claudio SAPORITO
Deceased in 2013 Heirs Teresa ZANNO 1933 Ermanno Matteo SOAVE 1961 Massimiliano SOAVE 1966 Matteo SOAVE 1972 Household Norma BRIVIO Deceased in 2014 (also as heir) Household Household Deceased in 2013 Heirs Gabriella LEO 1961 Francesco LEO 1963 Giampiero LEO 1965 Gian Marco PAGLIAI Giuseppe TROIANO Deceased in 2012 Heirs Mariassunta TROIANO 1948 Angela TROIANO 1950 Luigi TROIANO 1954 Household Antonio D’ANNUNZIO Maria Andrea D’ANNUNZIO Liliana PAONE
Deceased in 2013 Heirs Pasqualina STELLA 1946 Manuela STAFFA 1975 Camillo STAFFA 1979 Mario Claudio MORABITO Anna Rosa SANTANGELO | 7,100 10,900 4,600 6,700 6,800 9,600 7,400 7,500 4,100 6,600 6,200 6,200 9,300 6,100 4,400 4,000 4,500 6,000 6,200 4,000 8,900 16,100 4,200 7,900 4,000 | 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 |
12782/10 Costa and Others v. Italy 18/12/2009 | Salvatore COSTA Deceased in 2022 Heirs Elia DE ACETIS 1923 Tommaso DALIA 1950 Caterina DALIA 1955 Household Household Household Roberta DI LELIO | 4,300 8,700 5,900 14,200 9,600 6,500 9,500 4,000 | 200 200 200 200 200 200 200 200 |
12783/10 Bianco and Others v. Italy 18/12/2009 | Antonio BIANCO Deceased in 2021 Heir Maria Vittoria DE LUCIA 1940 Deceased in 2022 Heir Carlo BOSCIA 1969 Household Gloria BRUNO 1965 | 5,800 5,000 7,800 7,300 5,800 8,500 11,300 12,400 | 200 200 200 200 200 200 200 200 |
12785/10 Sardella and Others v. Italy 16/12/2009 | Gaetano SARDELLA Deceased in 2017 Heirs Flavia SARDELLA 1955 Walter SARDELLA 1966 Deceased in 2020 Heir Adelaide COSTANTINO 1956 Household Deceased in 2014 Vitantonio TARANTINI (also as heir) Angela Maria TARANTINI (also as heir)
Deceased in 2018 Heir Marta CAPPELLI 1947 Maria STELLA Deceased in 2012 Heirs Roberto DODARO 1957 Gianfranco DODARO 1962 Household Deceased in 2016 | 9,500 4,000 8,300 8,900 7,000 7,900 11,600 | 200 200 200 200 200 200 200 |
12788/10 Alfani and Others v. Italy 11/01/2010 | Household Teresa ALFANI Household Maria BAGGI Household Household Household Roberto DE LEO Household
Deceased in 2011 Heirs Pia Rosa DE ANGELIS 1942 Gaetano MEGALE 1963 Cristiana MEGALE 1966 Valeria MEGALE 1976 Antonio NOTARDONATO Household Deceased in 2013 Heirs Maurizio FIORILLI 1953 Filomena FIORILLI 1956 Claudio FIORILLI 1963 Pier Luigi PETROVICH Deceased in 2014 Heir Emanuela TOMASSETTI 1954
Deceased in 2017 Heirs Carla SOTTILE Alberto SOTTILE 1971 Mauro SOTTILE 1973 Deceased in 2011 Heirs Luciana TIPO 1947 Luigi TIPO 1949 Silvana TIPO 1951 Sonia TIPO 1953 Brunella TIPO 1957 Ivan TIPO 1958 Dario TIPO 1960 Deceased in 2016 Heirs Maria Rosaria VILLANIS 1952 Giuseppe VILLANIS 1953
Household Patrizia ZANONI Giovanni ZANONI Patrizia CALVANESE Attilio CALVANESE Assunta NOVI Deceased in 2014 Heirs Anna IODICE 1951 Maria Luisa IODICE 1954 Teresa IODICE 1955 Raffaele IODICE 1957 Elio IANNANTUONO | 8,300 6,600 6,200 6,200 7,600 5,000 5,100 4,200 8,000 8,500 6,000 5,600 4,400 5,500 5,600 4,500 5,600 5,800 7,100 4,200 7,100 5,600 5,900 5,700 4,800 4,000 5,700 4,700 4,200 5,800 4,200 5,700 4,200 | 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 |
12792/10 Matacena and Others v. Italy 11/01/2010 | Francesco MATACENA Deceased in 2020 Heirs Jolanda CICCARELLI 1937 Michele CATALDO 1967 Lucia CATALDO 1969
Household Concetta CATONE
| 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 | 200 200 200 200 200 200 200 200 200 |
APPENDIX II
Application no. Introduction date | Applicant’s name | Deceased in |
12772/10 D’Alessandro and Others v. Italy 18/12/2009 | Lidya D’ALESSANDRO Fulvia PENNACCHIA Vittorio CAPPABIANCA Lina Maria D’ONOFRIO | 2016 2013 2020 2021 2021 |
12777/10 Bacca and Others v. Italy 18/12/2009 | Alberto SANTOLI 1934 | 2015 |
12779/10 Saporito and Others v. Italy 18/12/2009 | Alfonso PONZIO Domenico SANTOLERI Antonina SERRA | 2018 2011 2010 |
12782/10 Costa and Others v. Italy 18/12/2009 | Giuseppe DELFINO | 2018 |
12785/10 Sardella and Others v. Italy 16/12/2009 | Raimonda SERPI | 2022 |
12788/10 Alfani and Others v. Italy 11/01/2010 | Giovanna ALIBERTI Claudio BALDINI Francesco COCOZZA Walter DE SANTIS Vittorio FANUELE Antonio Vincenzo GRIGNOLI Mirella ORLANDINI Angelo SACCON Sergio GERARDI Cornelia ALLEVA | 2010 2019 2020 2021 2022 2012 2013 2018 2018 2014 2011 2021 2010 |
12792/10 Matacena and Others v. Italy 11/01/2010 | Giovanni DE MARCO | 2011 |