CEDH · CASELAW;RESOLUTIONS;MERITS;ENG — 6 juillet 1995

.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 }       The Committee of Ministers, under the terms of Article 32 (art. 32) of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as "the Convention"),        Having regard to the report drawn up by the European Commission of Human Rights in accordance with Article 31 (art. 31) of the Convention relating to the application lodged on 2 February 1990 by Mr Aurielo Labate against Italy (Application No. 16399/90);        Whereas on 5 May 1994 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, paragraph 1 (art. 32-1), of the Convention has elapsed without the case having been brought before the European Court of Human Rights in pursuance of Article 48 (art. 48) of the Convention;        Whereas in his application, declared admissible by the Commission on 13 October 1993, the applicant complained of the excessive length of certain civil proceedings;        Whereas in its report adopted on 2 March 1994 the Commission expressed, unanimously, the opinion that there had been a violation of Article 6, paragraph 1 (art. 6-1), of the Convention;        Whereas, at the 519th meeting of the Ministers' Deputies held on 19 October 1994, the Committee of Ministers, agreeing with the opinion expressed by the Commission, held, having voted in accordance with the provisions of Article 32, paragraph 1 (art. 32-1), of the Convention, that there had been in this case a violation of Article 6, paragraph 1 (art. 6-1), of the Convention;        Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicant, proposals supplemented by a letter of the President of the Commission dated 21 October 1994;        Whereas, at the 520th meeting of the Deputies held on 16 November 1994, the Committee of Ministers decided, in accordance with Article 32, paragraph 2 (art. 32-2), of the Convention, that the Government of Italy was to pay the applicant as just satisfaction, within three months, 6 000 000 Italian lire in respect of non-pecuniary damage and 2 000 000 Italian lire in respect of costs and expenses, namely a total sum of 8 000 000 Italian lire;        Whereas the Committee of Ministers invited the Government of Italy to inform it of the measures taken following its decisions of 19 October and 16 November 1994, having regard to Italy's obligation under Article 32, paragraph 4 (art. 32-4), of the Convention to abide by them;        Whereas the Government of Italy recalled that measures had already been taken to prevent the repetition of the violation found in this case, through the entry into force on 30 April and 1 May 1995 of two laws restructuring the civil courts and speeding up the civil proceedings (see Resolution DH (95) 82 in the case of Zanghì against Italy);        Whereas the Committee of Ministers satisfied itself that, on 30 March 1995, the Government of Italy paid the applicant the total sum of 8 000 000 Italian lire as just satisfaction,        Declares, having taken note of the measures taken by the Government of Italy, that it has exercised its functions under Article 32 (art. 32) of the Convention in this case;        Authorises the publication of the report adopted by the Commission in this case.