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WyrokETPCz2000-04-05
Analiza orzeczenia
Sekcja wygenerowana przez AI na podstawie treści orzeczenia — nie stanowi cytatu.
Zagadnienie prawne
Czy przewlekłość postępowań cywilnych we Włoszech naruszała prawo do rozpoznania sprawy w rozsądnym terminie, gwarantowane przez art. 6 ust. 1 Europejskiej Konwencji Praw Człowieka?Ratio decidendi
Trybunał konsekwentnie uznawał, że nadmierna długość postępowań cywilnych, która przekracza „rozsądny termin” wymagany przez art. 6 ust. 1 Konwencji, stanowi naruszenie tego przepisu. W przypadkach, gdy strony osiągnęły ugodę polubowną, Trybunał skreślał sprawę z listy, akceptując warunki ugody jako rozwiązanie sporu zgodne z poszanowaniem praw człowieka.Stan faktyczny
Skarżący, będący obywatelami włoskimi lub włoską spółką, byli stronami w postępowaniach cywilnych przed sądami krajowymi we Włoszech. Postępowania te trwały od około pięciu do ponad dwudziestu lat. Skarżący wnieśli skargi do ETPCz, zarzucając naruszenie ich prawa do rozpoznania sprawy w rozsądnym terminie z powodu nadmiernej długości tych postępowań.Rozstrzygnięcie
W ośmiu sprawach Trybunał stwierdził naruszenie art. 6 ust. 1 Konwencji. W pozostałych ośmiu sprawach Trybunał skreślił skargi z listy w wyniku ugód polubownych. We wszystkich sprawach zasądzono zadośćuczynienie za szkodę niemajątkową oraz zwrot kosztów i wydatków.Pełny tekst orzeczenia
EUROPEAN COURT OF HUMAN RIGHTS
245
5.4.2000
Press release issued by the Registrar
CHAMBER JUDGMENTS
The European Court of Human Rights has today notified in writing the following sixteen chamber judgments concerning Italy.
Section 2
1) Capodanno v. Italy (No. 39881/98) Violation Article 6 § 1
Vito Capodanno, an Italian national, complained about civil proceedings to which he was a party, which lasted over fifteen years and ten months. The European Court of Human Rights held unanimously that there had been a violation of Article 6 § 1 (right to a fair trial within a reasonable time) of the European Convention on Human Rights and awarded the applicant 50,000,000 Italian lira (ITL) for non-pecuniary damage. The judgment is available only in French.
2) Sciarrotta and Guarino v. Italy (No. 40623/98) Violation Article 6 § 1
Eleonora Sciarrotta, Giuseppa Sciarrotta and Carmela Guarino, three Italian nationals, complained about civil proceedings to which they were a party, which lasted about twenty-one years and eight months. The Court held unanimously that there had been a violation of Article 6 § 1 and awarded each applicant ITL 45,000,000 for non-pecuniary damage and ITL 1,600,000 for costs and expenses. (Judgment in French).
3) Paderni v. Italy (No. 40952/98) Friendly settlement
Giulio Paderni, an Italian national, complained about civil proceedings to which he was a party, which lasted almost eight years. The case has been struck out following a friendly settlement in which Mr Paderni is to be paid ITL 20,000,000 for any non-pecuniary damage and ITL 2,000,000 for costs and expenses. (Judgment in French).
4) D’Alessandro v. Italy (No. 40954/98) Friendly settlement
Giuseppina D’Alessandro, an Italian national, complained about civil proceedings to which she was a party, which lasted six years and seven months. The case has been struck out following a friendly settlement in which Ms D’Alessandro is to be paid ITL 24,000,000 for any non-pecuniary damage and ITL 5,000,000 for costs and expenses. (Judgment in French).
5) Marchetti v. Italy (No. 40956/98) Friendly settlement
Alessandro Marchetti, an Italian national, complained about civil proceedings to which he was a party, which lasted more than eight years and three months. The case has been struck out following a friendly settlement in which Mr Marchetti is to be paid ITL 16,000,000 for any non-pecuniary damage and ITL 5,000,000 for costs and expenses. (Judgment in French).
6) A.V. & A.B. v. Italy (No. 40958/98) Violation Article 6 § 1
A.V. and A.B., two Italian nationals, complained about civil proceedings to which they were a party, which lasted more than eight years and three months. The Court held unanimously that there had been a violation of Article 6 § 1 and awarded each applicant ITL 20,000,000 for non-pecuniary damage and ITL 2,500,000 for costs and expenses. (Judgment in French).
7) Dattilo v. Italy (No. 40960/98) Friendly settlement
Emilia Dattilo, an Italian national, complained about civil proceedings to which she was a party, which lasted more than seven years and ten months. The case has been struck out following a friendly settlement in which Ms Dattilo is to be paid ITL 25,000,000 for any non-pecuniary damage and ITL 5,000,000 for costs and expenses. (Judgment in French).
8) Di Annunzio v. Italy (No. 40965/98) Violation Article 6 § 1
Antonio Di Annunzio, an Italian national, complained about civil proceedings to which he was a party, which lasted more than five years and two months. The Court held unanimously that there had been a violation of Article 6 § 1 and awarded the applicant ITL 10,000,000 for non-pecuniary damage and ITL 2,500,000 for costs and expenses. (Judgment in French).
9) Bucci v. Italy (No. 40975/98) Friendly settlement
Laureto Bucci, an Italian national, complained about civil proceedings to which he was a party, which have lasted 12 years and seven months and are still pending. The case has been struck out following a friendly settlement in which Mr Bucci is to be paid ITL 25,000,000 for any non-pecuniary damage and ITL 5,000,000 for costs and expenses. (Judgment in French).
10) Mantini v. Italy (No. 40978/98) Friendly settlement
Elisa Mantini, an Italian national, complained about civil proceedings to which she was a party, which lasted nearly five years and eleven months. The case has been struck out following a friendly settlement in which Ms Mantini is to be paid ITL 10,000,000 for any non-pecuniary damage and ITL 5,000,000 for costs and expenses. (Judgment in French).
11) Conte v. Italy (No. 40979/98) Friendly settlement
Riccardo Conte, an Italian national, complained about civil proceedings to which he was a party, which lasted six years and eight months. The case has been struck out following a friendly settlement in which Mr Conte is to be paid ITL 8,000,000 for any non-pecuniary damage and ITL 1,000,000 for costs and expenses. (Judgment in French).
12) L.G.S. S.p.a. v. Italy (No. 40980/98) Violation Article 6 § 1
L.G.S. S.p.a., an Italian company, complained about civil proceedings to which it was a party, which lasted more than 12 years and seven months. The Court held unanimously that there had been a violation of Article 6 § 1 and awarded the applicant company ITL 15,000,000 for damage and ITL 1,000,000 for costs and expenses. (Judgment in French).
13) Muso v. Italy (No. 40981/98) Violation Article 6 § 1
Aurelio Muso, an Italian national, complained about civil proceedings to which he was a party, which lasted more than twenty years and six months. The Court held unanimously that there had been a violation of Article 6 § 1 and awarded him ITL 50,000,000 for
non-pecuniary damage and ITL 3,000,000 for costs and expenses. (Judgment in French).
14) Pascali & Conte v. Italy (No. 41823/98) Friendly settlement
Anna Rita Pascali and Erica Conte, two Italian nationals born in 1960 and 1984 respectively and living in Cavallino (Lecce), complained about civil proceedings to which they were a party, which lasted more than eight years and eight months. The case has been struck out following a friendly settlement in which each applicant is to be paid ITL 6,000,000 for any
non-pecuniary damage. (Judgment in French).
15) C. v. Italy (No. 41824/98) Friendly settlement
F. C., an Italian national born in 1935 and living in Pescara, complained about civil proceedings to which she was a party, which lasted nearly seven years and one month. The case has been struck out following a friendly settlement in which Ms C. is to be paid ITL 5,000,000 for any non-pecuniary damage. (Judgment in French).
16) D. M. v. Italy (No. 41828/98) Friendly settlement
G. D.M., an Italian national born in 1919 and living in Pescara, complained about civil proceedings to which she was a party, which lasted nearly seven years and one month. The case has been struck out following a friendly settlement in which Ms D.M is to be paid ITL 5,000,000 for any non-pecuniary damage. (Judgment in French).
***
The Court’s judgments are accessible on its Internet site (http://www.echr.coe.int).
Registry of the European Court of Human Rights
F - 67075 Strasbourg Cedex
Contacts: Roderick Liddell (telephone: (0)3 88 41 24 92)
Or: Emma Hellyer (telephone: (0)3 90 21 42 15)
Fax: (0)3 88 41 27 91
The European Court of Human Rights was set up in 1959 in Strasbourg to deal with alleged violations of the 1950 European Convention on Human Rights. On 1 November 1998 a
full-time Court was established, replacing the original two-tier system of a part-time Commission and Court.
© Rada Europy / Europejski Trybunał Praw Człowieka, źródło: HUDOC (hudoc.echr.coe.int), pozyskano 14.07.2026. · Źródło