Sparano and Others v. Italy

FIRST SECTION

Application no. 72557/14 Dora SPARANO against Italy and 3 other applications

(see appended table)

The European Court of Human Rights (First Section), sitting on 16 May 2024 as a Committee composed of:

Péter Paczolay , President , Gilberto Felici, Raffaele Sabato , 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 § 1 of the Convention concerning the excessive length of civil proceedings were communicated to the Italian Government (“the Government”). In some of the applications, complaints based on the same facts were also communicated under other provisions of the Convention.

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 payment 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 6 June 2024.

Viktoriya Maradudina Péter Paczolay Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 6 § 1 of the Convention

(excessive length of civil proceedings)

No.

Application no. Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Other complaints under

well-established case-law

Date of receipt of Government’s declaration

Date of receipt of Applicant’s declaration

Amount awarded for non-pecuniary damage

per applicant/household

(in euros) [1]

Amount awarded for costs and expenses per application

(in euros) [2]

72557/14

07/10/2014

Dora SPARANO

1923

Deceased in 2015

Heirs/Household

Luigi BOCCALONE

1964

Annarita BOCCALONE

1967

Massimo BOCCALONE

1973

Boccalone Luigi

Bénévent

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -

06/11/2023

16/01/2024

8,400

250

9941/15

13/02/2015

Paolo Ruggero JENNA

1933

Gullotta Fabio

Rome

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -

06/11/2023

07/12/2023

7,200

250

25115/15

18/05/2015

Vincenzo DELLA MONICA

1967

Strazzullo Luca

Naples

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -

06/11/2023

26/10/2023

4,000

250

5777/17

10/01/2017

Antonio RICCARDI

1968

Strazzullo Luca

Naples

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -

06/11/2023

26/10/2023

15,600

250

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

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