Ottelli v. Italy



In the case of Ottelli v. Italy (1),

The Screening Panel of the European Court of Human Rights,

constituted in accordance with Article 48 para. 2 (art. 48-2) of the

Convention for the Protection of Human Rights and Fundamental Freedoms

("the Convention") and Rule 26 of Rules of Court B (2),

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Notes by the Registrar

1 The case is numbered 18/1996/637/821. The first number is the

case's position on the list of cases referred to the Court in the

relevant year (second number). The last two numbers indicate the

case's position on the list of cases referred to the Court since its

creation and on the list of the corresponding originating applications

to the Commission.

2 Rules of Court B, which came into force on 2 October 1994, apply

to all cases concerning the States bound by Protocol No. 9 (P9).

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Sitting in private at Strasbourg on 28 March and 23 April 1996,

and composed of the following judges:

Mr F. Matscher, Chairman,

Mr L.-E. Pettiti,

Mr C. Russo,

and also of Mr H. Petzold, Registrar,

Having regard to the application against the Italian Republic

lodged with the Court on 19 February 1996 by an Italian national,

Mr Giovanni Ottelli;

Whereas Italy has recognised the compulsory jurisdiction of the

Court (Article 46 of the Convention) (art. 46) and ratified

Protocol No. 9 (P9) to the Convention, Article 5 (P9-5) of which amends

Article 48 (art. 48) of the Convention so as to enable a person,

non-governmental organisation or group of individuals having lodged a

complaint with the European Commission of Human Rights ("the

Commission") to refer the case to the Court;

Noting that the present case has not been referred to the Court

by either the Government of the respondent State or the Commission

under Article 48 para. 1 (a) or (d) (art. 48-1-a, art. 48-1-d) of the

Convention;

Having regard to the Commission's report of 13 September 1995 on

the application (no. 25232/94) lodged with the Commission by Mr Ottelli

on 20 January 1994;

Noting that the report was transmitted to the Committee of

Ministers of the Council of Europe on 16 November 1995, in accordance

with Article 31 para. 2 (art. 31-2) of the Convention;

Whereas the applicant complained of the length of proceedings in

an Italian civil court, to which he is a party, and alleged a breach

of Article 6 para. 1 (art. 6-1) of the Convention, under which "In the

determination of his civil rights and obligations ... everyone is

entitled to a ... hearing within a reasonable time by [a] ... tribunal

...", and of Article 10 (art. 10), which guarantees the right to

freedom of expression;

Whereas on 24 May 1995 the Commission declared admissible only

the complaint relating to the length of the proceedings, the complaint

relating to Article 10 (art. 10) of the Convention not having been

submitted to it by the applicant;

Whereas the applicant, in specifying the object of his

application, as required by Rule 34 para. 1 (a) of Rules of Court B,

stated that he sought a decision by the Court holding that there had

been a breach of Article 10 (art. 10) of the Convention;

Having regard to Articles 32 para. 1, 47 and 48 (art. 32-1,

art. 47, art. 48) of the Convention and Rule 34 paras. 1 (a), 3 and 4

of Rules of Court B,

1 Observes that, pursuant to Article 32 para. 1 (art. 32-1) of the

Convention, for the Court to have jurisdiction to deal with an

application the case must be referred to it within a period of

three months from the date of transmission of the Commission's

report to the Committee of Ministers, failing which it falls to

the Committee of Ministers to decide whether there has been a

violation of the Convention;

2 Considers that in this case that provision was complied with,

since the Commission's report was transmitted to the Committee

of Ministers on 16 November 1995 and the application reached the

secretariat of the Commission on 12 February 1996, that is four

days before expiry of the three-month period, and was then

communicated to the registry of the Court by the Commission on

19 February;

3 Finds that

(a) the case raises no serious question affecting the

interpretation or application of the Convention, as the

Court has already established case-law on the "reasonable

time" requirement in Article 6 para. 1 (art. 6-1) of the

Convention, while consideration of the complaint relating

to Article 10 (art. 10) lies outside its jurisdiction, as

the applicant raised it for the first time in his

application to the Court; and

(b) the case does not, for any other reason, warrant

consideration by the Court as, in the event of a finding

that there has been a breach of the Convention, the

Committee of Ministers can award the applicant just

satisfaction, having regard to any proposals made by the

Commission;

4 Decides, therefore, unanimously, that the case will not be

considered by the Court.

Done in English and in French, and notified in writing on

24 May 1996 pursuant to Rule 34 para. 4 of Rules of Court B.

Signed: Franz MATSCHER

Chairman

Signed: Herbert PETZOLD

Registrar