CEDH · CASELAW;DECISIONS;SCREENINGPANEL;ENG — 31 mai 1996

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }        In the case of Facciolini v. Italy (1),         The Screening Panel of the European Court of Human Rights, constituted in accordance with Article 48 para. 2 (art. 48-2) of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") and Rule 26 of Rules of Court B (2), _______________ Notes by the Registrar   1.   The case is numbered 23/1996/642/826.   The first number is the case's position on the list of cases referred to the Court in the relevant year (second number).   The last two numbers indicate the case's position on the list of cases referred to the Court since its creation and on the list of the corresponding originating applications to the Commission. 2.   Rules of Court B, which came into force on 2 October 1994, apply to all cases concerning the States bound by Protocol No. 9 (P9). _______________         Sitting in private at Strasbourg on 28 June 1996, and composed of the following judges:         Mr F. Matscher, Chairman,       Mr L.-E. Pettiti,       Mr C. Russo,   and also of Mr H. Petzold, Registrar,         Having regard to the application against the Italian Republic lodged with the Court on 26 February 1996 by an Italian national, Mr Francesco Facciolini, within the three-month period laid down by Article 32 para. 1 and Article 47 (art. 32-1, art. 47) of the Convention;         Whereas Italy has recognised the compulsory jurisdiction of the Court (Article 46 of the Convention) (art. 46) and ratified Protocol No. 9 (P9) to the Convention, Article 5 (P9-5) of which amends Article 48 (art. 48) of the Convention so as to enable a person, non-governmental organisation or group of individuals having lodged a complaint with the European Commission of Human Rights ("the Commission") to refer the case to the Court;         Noting that the present case has not been referred to the Court by either the Government of the respondent State or the Commission under Article 48 para. 1 (a) or (d) (art. 48-1-a, art. 48-1-d) of the Convention;         Having regard to the Commission's report of 5 December 1995 on the application (no. 26012/94) lodged with the Commission by Mr Facciolini on 22 April 1994;         Whereas the applicant complained of the length of proceedings in an Italian civil court, to which he is a party, and alleged a breach of Article 6 para. 1 (art. 6-1) of the Convention, under which "In the determination of his civil rights and obligations ..., everyone is entitled to a ... hearing within a reasonable time by [a] ... tribunal ...";         Whereas the applicant, in specifying the object of his application, as required by Rule 34 para. 1 (a) of Rules of Court B, stated that he sought a decision by the Court holding that there had been a breach of Article 6 para. 1 (art. 6-1) of the Convention and ordering the respondent State to pay him compensation for the damage he had allegedly sustained on account of the length of the proceedings in issue;         Having regard to Article 48 (art. 48) of the Convention and Rule 34 paras. 1 (a), 3 and 4 of Rules of Court B,   1.     Finds that     (a)   the case raises no serious question affecting the interpretation       or application of the Convention, as the Court has already       established case-law on the "reasonable time" requirement in       Article 6 para. 1 (art. 6-1) of the Convention; and     (b)   the case does not, for any other reason, warrant consideration       by the Court as, in the event of a finding that there has been       a breach of the Convention, the Committee of Ministers of the       Council of Europe can award the applicant just satisfaction,       having regard to any proposals made by the Commission;   2.     Decides, therefore, unanimously, that the case will not be       considered by the Court.         Done in English and in French, and notified in writing on 31 July 1996 pursuant to Rule 34 para. 4 of Rules of Court B.   Signed: Franz MATSCHER       Chairman   Signed: Herbert PETZOLD       Registrar