FIRST SECTION CASE OF ABBATE AND OTHERS v. ITALY (Application no. 27814/23 and 4 others – see appended list) JUDGMENT STRASBOURG 16 January 2025 This judgment is final but it may be subject to editorial revision. In the case of Abbate and Others v. Italy, The European Court of Human Rights (First Section), sitting as a Committee composed of: Georgios A. Serghides , President , Erik Wennerström, Alain Chablais , judges , and Viktoriya Maradudina, Acting Deputy Section Registrar, Having deliberated in private on 5 December 2024, Delivers the following judgment, which was adopted on that date: PROCEDURE 1. The case originated in applications against Italy lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table. 2. The Italian Government (“the Government”) were given notice of the applications. THE FACTS 3. The list of applicants and the relevant details of the applications are set out in the appended table. 4. The applicants complained of the non-enforcement or delayed enforcement of domestic decisions given in their favour. They also raised other complaints under the provisions of the Convention. THE LAW JOINDER OF THE APPLICATIONS 5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment. ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION 6. The applicants complained principally of the non-enforcement or delayed enforcement of domestic decisions given in their favour. They relied, expressly or in substance, on Article 6 § 1 of the Convention. 7. The Court reiterates that the execution of a judgment given by any court must be regarded as an integral part of a “hearing” for the purposes of Article 6. It also refers to its case-law concerning the non-enforcement or delayed enforcement of final domestic judgments (see Hornsby v. Greece , no. 18357/91, § 40, Reports of Judgments and Decisions 1997 ‑ II). 8. In the leading cases of Ventorino v. Italy, no. 357/07, 17 May 2011, De Trana v. Italy, no. 64215/01, 16 October 2007, Nicola Silvestri v. Italy, no. 16861/02, 9 June 2009, Antonetto v. Italy, no. 15918/89, 20 July 2000, and De Luca v. Italy, no. 43870/04, 24 September 2013, the Court already found a violation in respect of issues similar to those in the present case. 9. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the authorities did not deploy all necessary efforts to enforce fully and in due time the decisions in the applicants’ favour. 10. These complaints are therefore admissible and disclose a breach of Article 6 § 1 of the Convention. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW 11. The applicants submitted other complaints which also raised issues under the Convention, given the relevant well-established case-law of the Court (see appended table). 12. These complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its findings in Ventorino (cited above). APPLICATION OF ARTICLE 41 OF THE CONVENTION 13. Regard being had to the documents in its possession and to its case ‑ law (see, in particular, Ventorino, De Trana, Nicola Silvestri , Antonetto and De Luca, all cited above), the Court considers it reasonable to award the sums indicated in the appended table. 14. The Court further notes that the respondent State has an outstanding obligation to enforce the judgments which remain enforceable. FOR THESE REASONS, THE COURT, UNANIMOUSLY, Decides to join the applications; Declares the applications admissible; Holds that these applications disclose a breach of Article 6 § 1 of the Convention concerning the non-enforcement or delayed enforcement of the domestic decisions; Holds that there has been a violation of the Convention as regards the other complaints raised under the well-established case-law of the Court (see appended table); Holds that the respondent State shall ensure, by appropriate means, within three months, the enforcement of the pending domestic decisions referred to in the appended table; Holds (a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table; (b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. Done in English, and notified in writing on 16 January 2025, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court. Viktoriya Maradudina Georgios A. Serghides Acting Deputy Registrar President APPENDIX List of applications raising complaints under Article 6 § 1 of the Convention (non-enforcement or delayed enforcement of domestic decisions) No. Application no. Date of introduction Applicant’s name Representative’s name and location Relevant domestic decision Start date of non-enforcement period End date of non-enforcement period Length of enforcement proceedings Domestic court order Case-law Other complaints under well-established case-law Amount awarded for non-pecuniary damage per applicant (in euros) [1] Amount awarded for costs and expenses per application (in euros) [2] 27814/23 26/06/2023 Ferdinando Emilio ABBATE 1961 Latium Administrative Court, R.G. 858/17, 05/06/2017 Latium Administrative Court, R.G. 1177/17, 05/06/2017 Latium Administrative Court, R.G.1178/17, 05/06/2017 Latium Administrative Court, R.G.1179/17, 05/06/2017 Latium Administrative Court, R.G. 1180/17, 05/06/2017 Latium Administrative Court, R.G. 1276/17, 05/06/2017 Latium Administrative Court, R.G. 1463/17, 05/06/2017 Latium Administrative Court, R.G. 2520/17, 05/06/2017 Latium Administrative Court, R.G. 2803/17, 20/07/2017 Latium Administrative Court, R.G. 3158/17, 20/07/2017 Rome District Court, R.G. 7409/19, ordering the enforcement of the judgment of Latium Administrative Court, R.G. 1178/17 of 05/06/2017, 02/07/2019 Rome District Court, R.G. 7410/19, ordering the enforcement of the judgment of Latium Administrative Court, R.G. 6604/17 of 05/06/2017, 02/07/2019 Rome District Court, R.G. 7416/19, ordering the enforcement of the judgment of Latium Administrative Court, R.G. 2803/17 of 20/072017, 18/07/2019 Rome District Court, R.G. 7415/19, ordering the enforcement of the judgment of Latium Administrative Court, R.G. 3158/17, of 20/07/2017, 18/07/2019 05/06/2017 05/06/2017 05/06/2017 05/06/2017 05/06/2017 05/06/2017 05/06/2017 05/06/2017 20/07/2017 20/07/2017 02/07/2019 02/07/2019 18/07/2019 18/07/2019 03/03/2023 5 years and 8 months et 27 days 03/03/2023 5 years and 8 months and 27 days 02/03/2023 5 years and 8 months and 26 days 09/03/2023 5 years and 9 months and 5 days 09/03/2023 5 years and 9 months and 5 days 09/03/2023 5 years and 9 months and 5 days 09/03/2023 5 years and 9 months and 5 days 24/03/2023 5 years and 9 months and 20 days 22/03/2023 5 years and 8 months and 3 days 22/03/2023 5 years and 8 months and 3 days 02/03/2023 3 years and 8 months and 1 day 03/03/2023 3 years and 8 months and 2 days 22/03/2023 3 years and 8 months and 5 days 22/03/2023 3 years and 8 months and 5 days Ministry of Economy and Finance, payment of lawyer legal fees ( avvocato antistatario ) A contrario, Izzo and Others , no. 46141/12, 30 May 2017 Prot. 1 Art. 1 - lack of or delayed payment of a debt by State authorities 2,900 250 27974/23 05/07/2023 Daniela JOSSA 1960 Jossa Daniela Naples Rome Court of Appeal, R.G. 50159/2012, 25/09/2017 Naples Court of Appeal, R.G. 1266/2018, 04/07/2018 Naples Court of Appeal, R.G.1365/2020, 06/08/2020 25/09/2017 04/07/2018 06/08/2020 pending More than 7 years and 1 months and 11 days pending More than 6 years and 4 months and 1 day pending More than 4 years and 2 months and 30 days Ministry of Justice, payment of lawyer legal fees ( avvocato antistatario ). A contrario, Izzo and Others , no. 46141/12, 30 May 2017 Prot. 1 Art. 1 - lack of or delayed payment of a debt by State authorities 2,900 250 33199/23 23/08/2023 Lucio BENIGNI 1974 Pagliuca Mauro Avellino Naples Court of Appeal, R.G. 45/2017, 20/01/2017 Naples Court of Appeal, R.G. 2619/2018, 03/12/2018 Naples Court of Appeal, R.G. 1110/2018, 20/12/2018 Naples Court of Appeal, R.G.2550/2019, 22/09/2020 20/01/2017 03/12/2018 20/12/2018 22/09/2020 pending More than 7 years and 9 months and 16 days pending More than 5 years and 11 months and 2 days pending More than 5 years and 10 months and 16 days pending More than 4 years and 1 month and 14 days Ministry of Justice, payment of lawyer legal fees ( avvocato antistatario ). A contrario, Izzo and Others , no. 46141/12, 30 May 2017 Prot. 1 Art. 1 - lack of or delayed payment of a debt by State authorities 4,030 250 33278/23 23/08/2023 Maria Stella SAVERIANO 1973 Pagliuca Mauro Avellino Naples Court of Appeal, R.G. 2054/2018, 22/11/2018 Naples Court of Appeal, R.G. 380/2019, 21/02/2019 Naples Court of Appeal, R.G. 381/2019, 15/03/2019 Naples Court of Appeal, R.G. 1153/2019, 22/05/2019 22/11/2018 21/02/2019 15/03/2019 22/05/2019 pending More than 5 years and 11 months and 14 days pending More than 5 years and 8 months and 15 days pending More than 5 years and 7 months and 21 days pending More than 5 years and 5 months and 14 days Ministry of Justice, payment of lawyer legal fees ( avvocato antistatario ) A contrario, Izzo and Others , no. 46141/12, 30 May 2017 Prot. 1 Art. 1 - lack of or delayed payment of a debt by State authorities 1,900 250 35651/23 11/09/2023 Lucio BENIGNI 1974 Pagliuca Mauro Avellino Naples Court of Appeal, R.G. 82/2017, 16/06/2017 Naples Court of Appeal, R.G. 160/2019, 30/01/2019 Naples Court of Appeal, R.G. 1992/2019, 18/09/2019 Naples Court of Appeal, R.G. 2165/2020, 10/12/2020 Naples Court of Appeal, R.G. 799/2021, 15/04/2021 16/06/2017 30/01/2019 18/09/2019 10/12/2020 15/04/2021 pending More than 7 years and 4 months and 20 days pending More than 5 years and 9 months and 6 days pending More than 5 years and 1 month 18 days pending More than 3 years and 10 months 26 days pending More than 3 years and 6 months and 21 days Ministry of Justice, payment of lawyer legal fees ( avvocato antistatario ) A contrario, Izzo and Others , no. 46141/12, 30 May 2017 Prot. 1 Art. 1 - lack of or delayed payment of a debt by State authorities 4,450 - [1] Plus any tax that may be chargeable to the applicants. [2] Plus any tax that may be chargeable to the applicants.