CEDH · CASELAW;DECISIONS;ADMISSIBILITYCOM;ENG — 14 septembre 2023

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vertical-align:top } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .sB343B0AA { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#000000 }   FIRST SECTION DECISION Application no. 55789/21 Donatella BRIGHENTI against Italy and 72 other applications (see appended table) The European Court of Human Rights (First Section), sitting on 14   September 2023 as a Committee composed of:   Krzysztof Wojtyczek , President ,   Lətif Hüseynov,   Ivana Jelić , 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, Having deliberated, decides as follows: FACTS AND PROCEDURE The list of applicants is set out in the appended table. The applicants were represented by N. Zampieri, a lawyer practising in Schio (Vicenza). The applicants’ complaints under Article 6 § 1 of the Convention and Article   1 of Protocol No. 1 concerning the application of retrospective legislation (Article 1 § 218 of Law no. 266/2005 of 23   December 2005) to pending national proceedings were communicated to the Italian Government (“the Government”). 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 Government informed the Court that they proposed to make unilateral declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications in accordance with Article   37 of the Convention. The Government acknowledged the violation of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention. 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 were sent the terms of the Government’s unilateral declarations several weeks before the date of this decision. The Court has not received a response from the applicants accepting the terms of the declarations. The Court observes that Article   37 §   1   (c) enables it to strike a case out of its list if: “... for any other reason established by the Court, it is no longer justified to continue the examination of the application”. Thus, it may strike out applications under Article   37 §   1 (c) on the basis of a unilateral declaration by a respondent Government even if the applicants wish the examination of the cases to be continued (see, in particular, the Tahsin Acar v.   Turkey judgment (preliminary objections) [GC], no.   26307/95, §§   75 ‑ 77, ECHR 2003-VI). The Court has established clear and extensive case-law against Italy emphasising that the adoption of Law no. 266/2005 which definitively and retroactively settled the merits of the pending dispute between the applicants and the State and rendered futile any continuation of the proceedings was not justified by overriding reasons of general interest (see, for example, Cicero and Others v. Italy , no. 29483/11 and 4 others, §§ 31-33, 30 January 2020; De   Rosa and Others v. Italy , no. 52888/08 and 13 others, §§ 48-54, 11   December 2012; and Agrati and Others v. Italy , nos. 43549/08, 6107/09 and 5087/09, §§ 59-66, 7 June 2011). When the Court found a violation of Article   6 § 1 of the Convention, it considered that the applicants had suffered a real loss of opportunity and that, consequently, the violations found were likely to have caused the applicants material damage. As to non-pecuniary damage, the Court considered that the finding of a violation constituted in itself just satisfaction for the non-pecuniary damage suffered by the applicants (see De Rosa and Others , cited above, §§ 60-62). Noting the admissions and undertakings contained in the Government’s declarations, the Court considers that it is no longer justified to continue the examination of the applications (Article   37 §   1   (c)). In the light of the above considerations, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the applications (Article   37 §   1 in fine ). Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declarations, the applications may be restored to the list in accordance with Article   37 §   2 of the Convention (see Josipović v.   Serbia (dec.), no.   18369/07, 4   March 2008). 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; Takes note of the terms of the respondent Government’s declarations and of the arrangements for ensuring compliance with the undertakings referred to therein; Decides to strike the applications out of its list of cases in accordance with Article   37 §   1   (c) of the Convention. Done in English and notified in writing on 5 October 2023.     Viktoriya Maradudina   Krzysztof Wojtyczek   Acting Deputy Registrar   President APPENDIX List of applications raising complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 (Legislative interference)   No. Application no. Date of introduction Applicant’s name Year of birth Date of receipt of Government’s declaration Date of receipt of applicant’s comments, if any Amount awarded for pecuniary damage per applicant (in euros) [1] Amount awarded for costs and expenses per applicant (in euros) [2]     55789/21 08/11/2021 Donatella BRIGHENTI 1961 15/06/2023 17/07/2023   The Government offered to pay 40% of the sums awarded by judgment no. 51/04 of the Verona District Court, R.C.L. 221/03, 07/06/2004, and that the applicant returned, provided that she gives proof of the restitution. 35.71     55834/21 08/11/2021 Renata SCAPINI 1961 The Government offered to pay 40% of the sums awarded by judgment no. 440/05 of the Verona District Court that the applicant returned, provided that she gives proof of the restitution. 35.71     55837/21 09/11/2021 Paolo BIGHELLINI 1956 The Government offered to pay 40% of the sums awarded by judgment no. 51/04 of the Verona District Court, R.C.L. 221/03, 07/06/2004, and that the applicant returned, provided that he gives proof of the restitution. 35.71     55869/21 08/11/2021 Paola VISENTINI 1964 The Government offered to pay 40% of the sums awarded by judgment no. 440/05 of the Verona District Court that the applicant returned, provided that she gives proof of the restitution. 35.71     55877/21 08/11/2021 Laura TAMBURINI 1949 The Government offered to pay 40% of the sums awarded by judgment no. 51/04 of the Verona District Court, R.C.L. 221/03, 07/06/2004, and that the applicants returned, provided that they give proof of the restitution. 35.71     55888/21 08/11/2021 Antonella SCANDOLA 1964 35.71     55907/21 08/11/2021 Monica GOZZI 1961 35.71     55915/21 09/11/2021 Agostino MALAGO’ 1958 35.71     55919/21 11/11/2021 Emilio PREBIANCO 1953 21/06/2023 The Government offered not to proceed with the recovery of 40% of the sums paid to the applicant in execution of judgment no. 164/2003 of the Treviso District Court, R.G. 817/02, 30/05/2003. 31.25   55922/21 11/11/2021 Anna Maria MARON 1958 15/06/2023 The Government offered to pay 40% of the sums awarded by judgment no. 274/08 of the Venezia District Court and that the applicants returned, provided that they give proof of the restitution. 35.71   55926/21 11/11/2021 Paola BILLIANI 1967 35.71   55985/21 09/11/2021 Nello VINCO 1955 The Government offered to pay 40% of the sums awarded by judgment no. 51/04 of the Verona District Court, R.C.L. 221/03, 07/06/2004, and that the applicant returned, provided that he gives proof of the restitution. 35.71   55989/21 11/11/2021 Laura FAVERO 1959 21/06/2023 The Government offered not to proceed with the recovery of 40% of the sums paid to the applicant in execution of judgment no. 164/2003 of the Treviso District Court, R.G. 817/02, 30/05/2003. 31.25   55993/21 09/11/2021 Antonio BISSOLO 1955 15/06/2023 The Government offered to pay 40% of the sums awarded by judgment no. 51/04 of the Verona District Court, R.C.L. 221/03, 07/06/2004, and that the applicant returned, provided that he gives proof of the restitution. 35.71   55996/21 11/11/2021 Neviano FERRO 1952 The Government offered to pay 40% of the sums awarded by judgment no. 584/05 of the Rovigo District Court, R.C.L. 751/03, 12/10/2005, and that the applicant returned, provided that he gives proof of the restitution.   55998/21 11/11/2021 Gemma CECCON 1946 21/06/2023 The Government offered to pay 40% of the sums awarded by judgment no. 164/2003 of the Treviso District Court, R.G. 817/02, 30/05/2003, and that the applicant returned, provided that she gives proof of the restitution. 31.25   56002/21 09/11/2021 Stefano TOGNELLA 1961 15/06/2023 The Government offered to pay 40% of the sums awarded by judgment no. 51/04 of the Verona District Court, R.C.L. 221/03, 07/06/2004, and that the applicant returned, provided that he gives proof of the restitution. 35.71   56003/21 08/11/2021 Maria rosa MIZZON 1963 The Government offered to pay 40% of the sums awarded by judgment no. 435/05 of the Verona District Court, Rand, that the applicant returned, provided that she gives proof of the restitution. 35.71   56005/21 09/11/2021 Elisabetta CORSI 1962 The Government offered to pay 40% of the sums awarded by judgment no. 51/04 of the Verona District Court, R.C.L. 221/03, 07/06/2004, and that the applicants returned, provided that they give proof of the restitution. 35.71   56006/21 08/11/2021 Sara GOZZI 1965 35.71   56008/21 08/11/2021 Juana VENDRELL 1953 35.71   56025/21 08/11/2021 Ornella PERAZZANI 1962 The Government offered to pay 40% of the sums awarded by judgment no. 435/05 of the Verona District Court that the applicant returned, provided that she gives proof of the restitution. 35.71   56031/21 08/11/2021 Stefania SELMO 1966 The Government offered to pay 40% of the sums awarded by judgment no. 51/04 of the Verona District Court, R.C.L. 221/03, 07/06/2004, and that the applicants returned, provided that they give proof of the restitution. 35.71   56273/21 11/11/2021 Susanna TOSO 1958 35.71   56276/21 11/11/2021 Lorenzo CASTAGNETTI 1956 The Government offered to pay 40% of the sums awarded by judgment no. 274/08 of the Venezia District Court and that the applicant returned, provided that he gives proof of the restitution. 35.71   56277/21 09/11/2021 Luigi PISANI 1951 The Government offered to pay 40% of the sums awarded by judgment no. 51/04 of the Verona District Court, R.C.L. 221/03, 07/06/2004, and that the applicant returned, provided that he gives proof of the restitution. 35.71   56305/21 11/11/2021 Nicoletta LUGOBONI 1965 The Government offered to pay 40% of the sums awarded by judgment no. 274/08 of the Venezia District Court and that the applicants returned, provided that they give proof of the restitution. 35.71   56311/21 11/11/2021 Iacoba SLEGERS 1953 35.71   57585/21 11/11/2021 Roberto GRANELLO 1961 21/06/2023 The Government offered not to proceed with the recovery of 40% of the sums paid to the applicant in execution of judgment no. 164/2003 of the Treviso District Court, R.G. 817/02, 30/05/2003. 35.71   58069/21 11/11/2021 Stefano CERADINI 1962 15/06/2023 The Government offered to pay 40% of the sums awarded by judgment no. 274/08 of the Venezia District Court and that the applicant returned, provided that he gives proof of the restitution. 35.71   58785/21 25/11/2021 Antonella CINI 1958 21/06/2023 The Government offered to pay 40% of the sums awarded by judgment no. 374/05 of the Venice District Court, R.G. 347/04, 23/05/2005, and that the applicants returned, provided that they give proof of the restitution. 35.71     58789/21 25/11/2021 Silvia TOSELLO 1960 35.71   58868/21 23/11/2021 Luciana CECCONI 1949 35.71   58874/21 25/11/2021 Antonella FAVARETTO 1958 35.71     58901/21 23/11/2021 Benedetta RONCARATI 1973 35.71   58903/21 25/11/2021 Daniela LORENZI 1960 35.71   58907/21 23/11/2021 Marilena CAGNIN 1961 35.71     58975/21 23/11/2021 Giampaolo PUGIOTTO 1956 35.71   58983/21 23/11/2021 Bruno SALMASO 1950 35.71   58986/21 23/11/2021 Emanuela FAVARO 1962 35.71     58996/21 23/11/2021 Stefano MILAN 1959 35.71   59012/21 23/11/2021 Filomena CARELLI 1950 35.71   60902/21 02/12/2021 Bruno PIVOTTO 1957 The Government offered to pay 40% of the sums awarded by judgment no. 318/04 of the Vicenza District Court, R.G. 1273/03, 02/12/2004, and that the applicant returned, provided that he gives proof of the restitution. 35.71   60913/21 30/11/2021 Valeria BORTOLUZ 1955 The Government offered to pay 40% of the sums awarded by the first-instance judgment, if not already enforced. 35.71   60920/21 30/11/2021 Antonio BORTOLONI 1946 15/06/2023 The Government offered to pay 40% of the sums awarded by judgment no. 285/08 of the Venezia District Court, and that the applicant returned, provided that he gives proof of the restitution. 35.71   60923/21 30/11/2021 Evelina CORRADO 1952 21/06/2023 The Government offered to pay 40% of the sums awarded by the first-instance judgment, if not already enforced. 31.25   60934/21 30/11/2021 Antoniella MACCAGNAN 1954 31.25   60960/21 02/12/2021 Giuseppe COVOLO 1961 The Government offered to pay 40% of the sums awarded by judgment no. 325/04 of the Vicenza District Court, R.G. 1267/03, 02/12/2004, and that the applicant returned, provided that he gives proof of the restitution. 31.25   61115/21 30/11/2021 Mariella DE VILLA BAIS 1956 The Government offered to pay 40% of the sums awarded by judgment no. 94/05 of the Belluno District Court, R.G. 233/04, 13/06/2005, if not already enforced. 31.25   61122/21 06/12/2021 Sergio RUZZIER 1957 15/06/2023 The Government offered to pay 40% of the sums awarded by judgment no. 101/05 of the Trieste District Court, R.G. 274/04, 09/02/2005, and that the applicant returned, provided that he gives proof of the restitution. 35.71   61170/21 06/12/2021 Flavio BACCI 1954 The Government offered to pay 40% of the sums awarded by judgment no. 91/05 of the Trieste District Court, R.G. 273/04, 09/02/2005, and that the applicant returned, provided that he gives proof of the restitution. 35.71   1022/22 21/12/2021 Anita VALENTE 1965 The Government offered to pay 40% of the sums awarded by judgment no. 240/05 of the Vicenza District Court, R.G.C.L. 1192/04, 04/08/2005, and that the applicant returned, provided that she gives proof of the restitution. 35.71   1595/22 28/12/2021 Anna Carmela RUZZA 1946 The Government offered to pay 40% of the sums awarded by judgment no. 579/05 of the Rovigo District Court, R.G.C.L. 82/04, 04/08/2005 and that the applicant returned, provided that she gives proof of the restitution. 35.71   2299/22 21/12/2021 Maria Maddalena DALLA VECCHIA 1953 The Government offered to pay 40% of the sums awarded by judgment no. 237 of the Vicenza District Court, R.G. 1210/04, 04/08/2005 and that the applicant returned, provided that she gives proof of the restitution. 35.71   3605/22 22/12/2021 Lucia BENA’ 1952 The Government offered to not proceed with the recovery of 40% of the sums paid to the applicant in execution of judgment no. 285/05 of the Rovigo District Court, R.G.C.L. 547/03, 03/05/2005. 35.71   3671/22 22/12/2021 Giancarlo BERTO 1955 The Government will pay 40% of the sums awarded by judgment no. 284/05 of the Rovigo District Court, R.G. 548/03, 03/05/2005, and that the applicant returned, provided that he gives proof of the restitution. 35.71   10328/22 10/02/2022 Xenia NIBRANDT 1948 The Government offered not to proceed with the recovery of 40% of the sums paid to the applicant in execution of judgment no. 174/04 Trieste District Court, R.G. 83/02, 04/05/2004. 35.71   10343/22 11/02/2022 Roberto LICEN 1948 The Government offered to pay 40% of the sums awarded by judgment no. 201/03 of the Gorizia District Court, R.G. 231/02, 25/11/2003, if not already enforced. 35.71   10353/22 11/02/2022 Livio SCOPEL 1950 The Government offered to pay 40% of the sums awarded by judgment no. 85/05 of the Belluno District Court, R.G. 224/04, 13/06/2005, if not already enforced. 35.71   10485/22 11/02/2022 Luigina CASAGRANDE 1948 The Government offered to pay 40% of the sums awarded by judgment no. 79/05 of the Belluno District Court, R.G. 22/04, 13/06/2005, if not already enforced. 35.71   24348/22 06/05/2022 Domenica FIORINDO 1951 The Government offered to pay 40% of the sums awarded by judgment no. 921/05 of the Venice District Court, R.G. 2028/04, 03/11/2005, if not already enforced. 35.71   24434/22 28/04/2022 Maria LIONELLO 1956 The Government offered to pay 40% of the sums awarded by judgment no. 324/04 of the Vicenza District Court, R.G. 1271/03, 02/12/2004, and that the applicant returned, provided that she gives proof of the restitution. 35.71   24918/22 28/04/2022 Margherita COIN 1948 The Government offered to pay 40% of the sums awarded by judgment no. 60/05 of the Venezia District Court, R.N. 2053/03, 10/01/2005, and that the applicant returned, provided that she gives proof of the restitution. 35.71   25005/22 28/04/2022 Agnese TONIOLO 1948 The Government offered to pay 40% of the sums awarded by judgment no. 313/04 of the Vicenza District Court, R.G. 1282/03, 02/12/2004, and that the applicant returned, provided that she gives proof of the restitution. 35.71   25208/22 28/04/2022 Paola FILIPPIS 1962 The Government offered to pay 40% of the sums awarded by judgment no. 314/04 of the Vicenza District Court, R.G. 1269/03, 02/12/2004, and that the applicant returned, provided that she gives proof of the restitution. 35.71   25493/22 28/04/2022 Fabia BIZZO 1952 The Government offered to pay 40% of the sums awarded by judgment no. 880/05 of the Venice District Court, R.G. 1834/04, 04/11/2005, and that the applicant returned, provided that she gives proof of the restitution. 35.71   25496/22 28/04/2022 Silvana GAMBALUNGA 1949 The Government offered to pay 40% of the sums awarded by judgment no. 54/05 of the Venezia District Court, R.N. 597/03, 18/01/2005 and that the applicant returned, provided that she gives proof of the restitution. 35.71   26027/22 17/05/2022 Paolo ARTUSI 1950 The Government offered to pay 40% of the sums awarded by judgment no. 883 of the Venice District Court, R.G. 1865/04, 04/11/2005, and that the applicant returned, provided that he gives proof of the restitution. 111.11   26032/22 17/05/2022 Regina MARTIN 1949 The Government offered to pay 40% of the sums awarded by the first-instance judgment and that the applicant returned, provided that she gives proof of the restitution. 111.11   26130/22 17/05/2022 Antonella PERIN 1958 The Government offered to pay 40% of the sums awarded by judgment no. 905/05 of the Venice District Court, R.G. 2012/04, 04/11/2005, and that the applicant returned, provided that she gives proof of the restitution. 111.11   26285/22 17/05/2022 Sandro MINTO 1941 The Government offered to pay 40% of the sums awarded by judgment no. 871/05 of the Venice District Court, R.G. 1825/04, 04/11/2005, and that the applicant returned, provided that he gives proof of the restitution. 111.11   26789/22 16/05/2022 Valerio ZILIO 1957 The Government offered to pay 40% of the sums awarded by judgment no. 49/05 of the Venice District Court, R.G. 997/03, 18/01/2005, and that the applicant returned, provided that he gives proof of the restitution. 111.11   26794/22 16/05/2022 Giuliana BOSCARO 1950 The Government offered to pay 40% of the sums awarded by judgment no. 63/05 of the Venice District Court, R.G. 1002/03, 18/01/2005, and that the applicant returned, provided that she gives proof of the restitution. 111.11   [1] Plus any tax that may be chargeable. [2] Plus any tax that may be chargeable to the applicants.