The European Court of Human Rights (First Section), sitting on 27 September 2018 as a Committee composed of: Ksenija Turković, President, Pauliine Koskelo, Tim Eicke, judges, and Liv Tigerstedt, Acting Deputy Section Registrar, Having regard to the above applications lodged on the various dates indicated in the appended table, Having regard to the formal declarations accepting a friendly settlement of the cases, 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 concerning the excessive length of civil proceedings were communicated to the Italian Government (“the Government”). By letter of 7 January 2016, the representative of Mrs Maria Serafina Ascione, Mr Gerardo Caruso and Mrs Delia Ievolella (application no. 28985/04) informed the Court that the...
FIRST SECTION DECISION Application no. 3471/04 Graziella BORDINI against Italy and 88 other applications (see appended table) The European Court of Human Rights (First Section), sitting on 27 September 2018 as a Committee composed of: Ksenija Turković, President, Pauliine Koskelo, Tim Eicke, judges, and Liv Tigerstedt, Acting Deputy Section Registrar, Having regard to the above applications lodged on the various dates indicated in the appended table, Having regard to the formal declarations accepting a friendly settlement of the cases, 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 concerning the excessive length of civil proceedings were communicated to the Italian Government (“the Government”). By letter of 7 January 2016, the representative of Mrs Maria Serafina Ascione, Mr Gerardo Caruso and Mrs Delia Ievolella (application no. 28985/04) informed the Court that the said applicants wished to withdraw their application to the Court. As for the remainder of the applications, the Court received friendly-settlement declarations under which the applicants agreed to waive any further claims against Italy in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them, the amounts detailed in the appended table. These amounts will be payable
2 BORDINI v. ITALY AND OTHER APPLICATIONS DECISION 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 undertake 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 payment will constitute the final resolution of the cases. 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. 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 part of application no. 28985/04 lodged by Mrs Maria Serafina Ascione, Mr Gerardo Caruso and Mrs Delia Ievolella. As for the remainder of the applications, 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 applications. In view of the above, it is appropriate to strike the cases out of the list. For these reasons, the Court, un...