Imperatore and Others v. Italy

FIRST SECTION

Applications nos. 26084/13 and 17562/14 Vincenzo IMPERATORE and Others against Italy and Vincenzo GIRARDI and Others against Italy

(see appended table)

The European Court of Human Rights (First Section), sitting on 14 December 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 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”). In both applications, complaints based on the same facts were also communicated under other provisions of the Convention.

The applicant, Ms Anna Scarpati, died after the institution of the proceedings before the Court. Her heirs (see the appended table below) wished to pursue the application. The Government did not object against the locus standi of the heirs in the proceedings.

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 “Pinto” domestic decisions. They further acknowledged that the domestic authorities had violated the applicants’ rights guaranteed by other provisions of the Convention, offered to pay 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 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 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 firstly takes note of the information regarding the death of Ms Anna Scarpati and the wish of her heirs to continue the proceedings in her stead, as well as of the absence of an objection on the Government’s part to their standing. Therefore, the Court considers that the heirs of Ms Anna Scarpati, as indicated in the table below, have a legitimate interest in pursuing the application.

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 that the heirs of Ms Anna Scarpati have locus standi in the proceedings;

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 18 January 2024.

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

Other complaints under well-established case-law

Date of receipt of Government’s declaration

Date of receipt of applicant’s acceptance

Amount awarded for non-pecuniary damage

per applicant/household

(in euros) [1]

Amount awarded for costs and expenses

per application

(in euros) [2]

26084/13

09/04/2013

(48 applicants)

Vincenzo IMPERATORE

1968

Mario FIORILLO

1962

Renato COSIMO

1930

Onorato BATTISTA

1927

Agostino VITAGLIONE

1946

Francesco TIZZANI

1957

Domenico COSTATO

1962

Emilia TIZZANI

1954

Luigi MONTUORI

1946

Anna SCARPATI

1936

deceased in 2017

Heirs (household):

Stefania CIARNELLI

1971

Gennaro CIARNELLI

1964

Donatella CIARNELLI

1968

Cillo Agostino CRISCI

1943

Fortuna DE VITA

1934

Pasquale GALLO

1933

Giovanni SPASIANO

1939

Pietro MARESCA

1943

Paolo FEDELINI

1956

Olga SPASIANO

1938

Maria MICALE

1952

Anna TIZZANI

1952

Guido BIANCHINI

1947

Ciro CALVINO

1953

Antonietta CESARONE

1937

Pietro FANTINI

1963

Armando Pio Antonio ASTONE

1965

Gennaro PESCICOLO

1936

Natale DI MARTINO

1947

Carmela ANGELINO

1957

Francesco CONZO

1927

Alberto SPANO

1964

Giovanni CESARONE

1934

Raffaele TROIANO

1939

Carolina MORO

1926

Isabella PAUDICE

1961

Raffaele ANGELINO

1946

Sigismondo CACACE

1944

Lucia CAIAZZO

1950

Pietro CORVINO

1951

Francesco BELVEDERE

1938

Household

Concetta MELE

1951

Raffaela TRENCIA

1968

Giuseppe TRENCIA

1969

Maria Rosaria TRENCIA

1976

Household

Claudio BORTONE

1971

Pasqualina BORTONE

1967

Maria Antonietta BORTONE

1965

Cesario BORTONE

1961

Franco BORTONE

1963

Antonio BORTONE

1939

Annicchiarico Nicola

Casamarciano

Naples Court of Appeal,

R.G. 1697/18,

09/10/2018

Art. 6 (1) - excessive length of civil proceedings - The applicants claim to still be victims of a violation of Art. 6 for the excessive length of the main proceedings since the Pinto decision acknowledging the violation and awarding compensation has not yet been enforced ( Cocchiarella v. Italy [GC], no. 64886/01,

§ 87-90, ECHR 2006-V).

02/10/2023

21/11/2023

200

30

17562/14

20/12/2013

(12 applicants)

Vincenzo GIRARDI

1957

Maria D’ANIELLO

1936

Francesco SPAGNOLETTI

1939

Giuseppe Mario CALLISTO

1947

Maurizio GRASSIA

1940

Giuseppe PICA

1948

Benito ARCIERI

1934

Pellegrino SPAGNOLETTI

1940

Carmine MINOPOLI

1941

Silvia D’ANIELLO

1932

Household

Adriana PEINETTI

1963

Patrizia PEINETTI

1957

Annicchiarico Nicola

Casamarciano

Naples Court of Appeal,

R.G. 2785/18,

28/02/2019

Art. 6 (1) - excessive length of civil proceedings - The applicants claim to still be victims of a violation of Art. 6 for the excessive length of the main proceedings since the Pinto decision acknowledging the violation and awarding compensation has not yet been enforced ( Cocchiarella v. Italy [GC], no. 64886/01,

§ 87-90, ECHR 2006-V).

02/10/2023

21/11/2023

200

30

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

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