lagen.nu
no. 56280/21

Mazzariol and Others v. Italy

Struck out of the list

Domstol
European Court of Human Rights
Avgörandedatum
2023-10-12
ECLI
ECLI:CE:ECHR:2023:1012DEC005628021
Artiklar
6, 37, 37-1, P1-1
Källa
hudoc.echr.coe.int

Berörda konventionsartiklar

FIRST SECTION

Application no. 56280/21 Paola MAZZARIOL against Italy and 12 other applications

(see appended table)

The European Court of Human Rights (First Section), sitting on 12 October 2023 as a Committee composed of:

Krzysztof Wojtyczek , President , Lətif Hüseynov, Ivana Jelić , 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 deliberated, decides as follows:

FACTS AND PROCEDURE

The list of the applicants is set out in the appendix.

The applicants were represented by N. Zampieri, a lawyer practising in Schio.

The applicants’ complaints under Article 6 of the Convention and under Article 1 of Protocol No. 1 to the Convention concerning the application of retrospective legislation (Article 1 § 218 of Law no. 266/2005 of 23 December 2005) to pending national proceedings were communicated to the Italian Government (“the Government”).

In the communication the Registry requested the applicants to produce certain documents essential to processing of the application. No reply was received.

By letter dated 1 August 2023, sent via the Court’s Electronic Communication Service (eComms), the applicants were notified that the period allowed for submission of the requested documents had expired and that no extension of time had been requested. Nevertheless, the Registry extended the time-limit for submission of the requested documents to 1 September 2023. The applicants’ attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike an application out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. The applicants received the letter of 1 August 2023 on the same day. However, no response has followed.

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.

In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the applications.

Accordingly, the applications should be struck 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.

Done in English and notified in writing on 16 November 2023.

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 (legislative interference)

No.

Application no.

Date of introduction

Case name

Applicant Year of Birth

1.

56280/21

11/11/2021

Mazzariol v. Italy

Paola MAZZARIOL 1961

2.

57592/21

18/11/2021

Visentini v. Italy

Gianluigi VISENTINI 1955

3.

58911/21

23/11/2021

Zuccon v. Italy

Martina ZUCCON 1971

4.

59001/21

23/11/2021

Milione v. Italy

Adelina MILIONE 1958

5.

60906/21

02/12/2021

Corra’ v. Italy

Fiorenzo CORRA’ 1952

6.

2290/22

23/12/2021

Viale v. Italy

Marisa VIALE 1961

7.

10348/22

11/02/2022

Novelli v. Italy

Flavio NOVELLI 1945

8.

24663/22

28/04/2022

Manente v. Italy

Manente MANENTE 1967

9.

24708/22

28/04/2022

Dall’Armellina v. Italy

Roberto DALL’ARMELLINA 1951

10.

25497/22

28/04/2022

Bruscato v. Italy

Donatella BRUSCATO 1975

11.

26040/22

12/05/2022

Campanella v. Italy

Angelo CAMPANELLA 1948

12.

26042/22

16/05/2022

Boscolo Cucco v. Italy

Massimo BOSCOLO CUCCO 1970

13.

26796/22

16/05/2022

Giacometti v. Italy

Chiara GIACOMETTI 1943