FIRST SECTION

DECISION

Application no. 15234/23
Maria Luisa PREVITI and Giovanni PREVITI against Italy
and 3 other applications

(see appended table)

The European Court of Human Rights (First Section), sitting on 21 November 2024 as a Committee composed of:

 Georgios A. Serghides, President,
 Erik Wennerström,
 Alain Chablais, 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 payment 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 12 December 2024.

 

 Viktoriya Maradudina Georgios A. Serghides
 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

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]

  1.    

15234/23

30/03/2023

Maria Luisa PREVITI

1944

 

Giovanni PREVITI

1952

 

Previti Giovanni

Messine

16/09/2024

26/09/2024

200

30

  1.    

34768/23

12/09/2023

Adriana SANNA

1945

 

Abbate Ferdinando Emilio

Rome

16/09/2024

04/10/2024

200

30

  1.    

35777/23

21/09/2023

Renata FOLLI

1949

 

Abbate Ferdinando Emilio

Rome

16/09/2024

04/10/2024

200

30

  1.    

43094/23

29/11/2023

(8 applicants)

Leopoldo RIDOLA

1940

 

Maurizio CAMPOLI

1954

 

Costantino CARRATURO

1960

 

Carlo CAVALIERI

1953

 

Claudio FRANCO

1957

 

Antonio INNARELLI

1954

 

Alessandro LEMMA

1967

 

Antonio Giuseppe PIREDDA

1951

 

Abbate Ferdinando Emilio

Rome

16/09/2024

04/10/2024

200

30

 


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

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