Oddone v. San Marino

FIFTH SECTION

Application no. 23005/23 David ODDONE against San Marino

(see appended table)

The European Court of Human Rights (Fifth Section), sitting on 7 November 2024 as a Committee composed of:

Diana Sârcu , President , Kateřina Šimáčková, Mykola Gnatovskyy , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 25 May 2023,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant’s details are set out in the appended table.

The applicant was represented by Mr S. Pagliai, a lawyer practising in Firenze.

The applicant’s complaint under Article 6 § 1 of the Convention concerning the length of proceedings was communicated to the San Marinese Government (“the Government”).

The Court received the friendly-settlement declarations, signed by the parties, under which the applicant agreed to waive any further claims against San Marino in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay him the amount detailed in the appended table. This amount will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above-mentioned three-month period, the Government undertake to pay simple interest on it, 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 case.

THE LAW

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 application.

In view of the above, it is appropriate to strike the case out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.

Done in English and notified in writing on 28 November 2024.

Viktoriya Maradudina Diana Sârcu Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 6 § 1 of the Convention.

(excessive length of civil proceedings)

Application no. Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Date of receipt of Government’s declaration

Date of receipt of Applicant’s declaration

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses (in euros) [1]

23005/23

25/05/2023

David ODDONE

1979

Pagliai Stefano

Firenze

03/07/2024

19/09/2024

5,000

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