Vitelli and Others v. Italy

FIRST SECTION

Application no. 11793/23 Paolo VITELLI against Italy and 5 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 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 declarations 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 6 June 2024.

Viktoriya Maradudina Péter Paczolay 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 /

Date of registration

Representative’s name and location

Date of receipt of Government’s declaration

Date of receipt of applicant’s acceptance

Amount awarded for non-pecuniary damage

per applicant

(in euros) [1]

Amount awarded for costs and expenses per application

(in euros) [2]

11793/23

07/03/2023

Paolo VITELLI

1957

Bianco Pasquale Chris

San Giorgio a Cremano

23/01/2024

14/02/2024

200

30

12646/23

09/03/2023

SOCIETÀ ISFIN S.R.L.

2000

Falbo Cristina

Cosence

23/01/2024

19/02/2024

200

30

14075/23

21/03/2023

Giovanna Filomena CIANFARANI

1956

Stefania D’INNOCENZO

1951

Abbate Ferdinando Emilio

Orte

23/01/2024

23/02/2024

200

30

16634/23

22/07/2021

(55 applicants)

Mario LISI

1952

Salvatore AGOSTINELLI

1949

Alessandro ALFONSI

1966

Luciano BALZANO

1967

Enzo BARBA

1970

Natale BELLOMO

1968

Vincenzo BELLOPEDE

1950

Luca BLASI

1969

Luca BOCCHIOLA

1966

Fabrizio BONDI

1970

Erasmo CACCAVALE

1971

Guido CAPALDINI

1948

Claudio CAPOBIANCHI

1971

Paolo CIANGOLA

1954

Maurizio CORSO

1965

Alessandro D’ALESSIO

1965

Marcellino D’ALISE

1958

Vito Georg Giuseppe DE PACE

1970

Massimo DI FUSCO

1968

Giuseppe DICEMBRINO

1969

Federico ESPOSITO

1964

Armando FERAGNOLI

1965

Salvatore FERRANTE

1964

Anacleto FERRARA

1964

Gianluca FRANCISCI

1961

Luca GORGA

1967

Paolo GUIDA

1964

Giampiero LAURENTI

1959

Alessandro LEMMA

1967

Roberto LEOPARDI

1969

Cosimo LOBELLO

1970

Renzo LUCARONI

1949

Stefano MACCHIA

1969

Marco MANCINI

1960

Vincenzo MANTIO

1970

Salvatore MARIANO

1969

Artemio MASSARENTE

1966

Giuseppe MESSINEO

1971

Luciano MINELLA

1964

Manlio NARDOCCI

1956

Claudio NAVARRA

1952

Alessandro NERI

1972

Umberto PACUCCI

1951

Nicola PALERMO

1969

Domenico PALUMBO

1947

Ermanno PIERGENTILI

1965

Antonio POSSENTI

1965

Vincenzo RESCINA

1966

Roberto ROCCHI

1968

Rosario SACCONE

1968

Franco SCARAFILE

1963

Pierluigi TOSONI

1969

Alessandro TRIARICO

1970

Paolo VELOTTI

1966

Moreno VITIELLO

1959

Abbate Ferdinando Emilio

Orte

23/01/2024

23/02/2024

200

30

19943/23

11/05/2023

Franca Maria CIANCI

1951

Abbate Ferdinando Emilio

Orte

23/01/2024

23/02/2024

200

30

20122/23

02/05/2023

Rosanna PANE

1960

Pasquariello Gianpiero

Caserte

23/01/2024

04/03/2024

200

30

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

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