Tidili and Others v. Italy

FIRST SECTION

Application no. 1142/23 Silviana TIDILI and Others against Italy and 9 other applications

(see appended table)

The European Court of Human Rights (First Section), sitting on 28 September 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”).

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 offered to pay the applicants 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 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 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 19 October 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

(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

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]

1142/23

23/12/2022

(4 applicants)

Silviana TIDILI

1952

Bruna TIDILI

1951

Maria Augusta TIDILI

1942

Mario Antonio TIDILI

1954

Pibiri Ilaria

Cagliari

Rome Court of Appeal,

R.G. 59035/2011,

31/03/2017

05/07/2023

27/07/2023

200

30

1154/23

23/12/2022

(3 applicants)

Alessandra SERRA

1977

Gianluca SERRA

1978

Gianluigi SERRA

1978

Pibiri Ilaria

Cagliari

Rome Court of Appeal,

R.G. 59035/2012,

31/03/2017

05/07/2023

27/07/2023

200

30

1165/23

23/12/2022

(5 applicants)

Maria Rosaria CAPPAI

1952

Giorgia CAPPAI

1979

Maria Antonietta CAPPAI

1950

Valentina CAPPAI

1980

Assunta MEREU

1952

Pibiri Ilaria

Cagliari

Rome Court of Appeal

R.G. 59035/11,

31/03/2017

05/07/2023

27/07/2023

200

30

1178/23

23/12/2022

(3 applicants)

Roberto MEDDA

1959

Maria Luisa MEDDA

1960

Raffaele MEDDA

1965

Pibiri Ilaria

Cagliari

Rome Court of Appeal,

R.G. 59035/2011,

31/03/2017

05/07/2023

27/07/2023

200

30

1187/23

23/12/2022

(3 applicants)

Eligio OLLA

1969

Emilia ATZORI

1932

Marinella OLLA

1956

Pibiri Ilaria

Cagliari

Rome Court of Appeal,

R.G. 59035/2011,

31/03/2017

05/07/2023

27/07/2023

200

30

1205/23

23/12/2022

Household

Pietrina Angela FODDI

1955

Salvatore PILLOSU

1991

Pibiri Ilaria

Cagliari

Rome Court of Appeal

R.G. 59035/11,

31/03/2017

05/07/2023

27/07/2023

200

30

1211/23

23/12/2022

Maria Giacinta COCCO

1961

Pibiri Ilaria

Cagliari

Rome Court of Appeal

R.G. 59035/11,

31/03/2017

05/07/2023

27/07/2023

200

30

1216/23

23/12/2022

(4 applicants)

Giorgio PILLOSU

1952

Carlo PILLOSU

1955

Maria Raffaela PILLOSU

1949

Marisetta PILLOSU

1956

Pibiri Ilaria

Cagliari

Rome Court of Appeal

R.G. 59035/11,

31/03/2017

05/07/2023

27/07/2023

200

30

1249/23

23/12/2022

(8 applicants)

Luigi FARRIS

1956

Giuseppe MANDIS

1940

Leonardo MANNIAS

1950

Mario SARAIS

1950

Maria Luigia SERCI

1931

Mario SERCI

1950

Luigi SERRA

1948

Giuseppe VACCA

1953

Pibiri Ilaria

Cagliari

Rome Court of Appeal

R.G. 59035/11,

31/03/2017

05/07/2023

27/07/2023

200

30

1291/23

23/12/2022

(9 applicants)

Annalisa LAI

1963

Eligio COGHE

1953

Giampiero COGHE

1955

Maria Gabriella COGHE

1950

Maria Antonietta LAI

1953

Pierluigi LAI

1950

Salvatore LAI

1955

Eligio OLLA

1969

Marinella OLLA

1956

Pibiri Ilaria

Cagliari

Rome Court of Appeal

R.G. 59035/11,

31/03/2017

05/07/2023

27/07/2023

200

30

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

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