Montanari and Others v. Italy

FIRST SECTION

Application no. 55718/08 Roberto MONTANARI and Others against Italy

The European Court of Human Rights (First Section), sitting on 12 September 2019 as a Committee composed of:

Aleš Pejchal, President, Jovan Ilievski, Raffaele Sabato, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 11 November 2008,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

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

The applicants were represented by Mr F. Filippucci, a lawyer practising in Rome.

The applicants’ complaints under Article 1 of Protocol No. 1 to the Convention, concerning the calculation of the expropriation compensation due to them in accordance with Article 5 bis of Law No. 359 of 1992, were communicated to the Italian Government (“the Government”).

On 27 February 2019 the Government submitted their observations on the admissibility and merits of the application.

On 8 May 2019 the applicants’ representative informed the Registry that the applicants wished to withdraw the application before the Court.

THE LAW

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 application.

Accordingly, the case should be struck out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases.

Done in English and notified in writing on 3 October 2019.

Liv Tigerstedt Aleš Pejchal Acting Deputy Registrar President

APPENDIX

List of applicants:

No.

Applicant’s Name

Nationality

Place of residence

1

Roberto MONTANARI

Italian

Rome

2

Liana COTTA

Italian

Rome

3

Adriano DE MASI

Italian

Rome

4

Alessandro DE MASI

Italian

Rome

5

Fortunato DE MASI

Italian

Rome

6

Giovannina DE PIERRO

Italian

Rome

7

Maria FERMANI

Italian

Rome

8

Adriano LIVERANI

Italian

Rome

9

Claudio LIVERANI

Italian

Rome

10

Giuliana LIVERANI

Italian

Rome

11

Livio LIVERANI

Italian

Rome

12

Massimo LIVERANI

Italian

Rome

13

Mauro LIVERANI

Italian

Rome

14

Luciano LUCARELLI

Italian

Rome

15

Anna MONTANARI

Italian

Rome

16

Arnaldo MONTANARI

Italian

Rome

17

Gabriele MONTANARI

Italian

Rome

18

Maria Pia MONTANARI

Italian

Rome

19

Roberto MONTANARI

Italian

Rome

20

Tommaso MONTANARI

Italian

Rome

21

Lorena RUGGIERO

Italian

Rome

22

Massimiliano RUGGIERO

Italian

Rome

23

Silvio RUGGIERO

Italian

Rome

24

Rosalba RUSCITO

Italian

Rome