CEDH · CASELAW;DECISIONS;SCREENINGPANEL;ENG — 15 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 L.M. 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 2/1996/621/804.   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 March and 23 April 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 4 January 1996 by an Italian national, Mr L.M.;         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 4 July 1995 on the application (no. 24825/94) lodged with the Commission by Mr L.M. on 4 August 1993;         Noting that the report was transmitted to the Committee of Ministers of the Council of Europe on 21 September 1995, in accordance with Article 31 para. 2 (art. 31-2) of the Convention;         Whereas the applicant complained of the length of proceedings in the Italian civil courts, to which he was a party and which he claimed were unfair on account of that length, 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 fair ... hearing within a reasonable time by [a] ... tribunal ...";         Whereas, in spite of a reminder by the registry, the applicant did not specify the object of his application as required by Rule 34 para. 1 (a) of Rules of Court B;         Having regard to Articles 32 para. 1, 47 and 48 (art. 32-1, art. 47, art. 48) of the Convention and Rule 34 paras. 1 (a), 3 and 4 of Rules of Court B,   1.     Observes that, pursuant to Article 32 para. 1 (art. 32-1) of the       Convention, for the Court to have jurisdiction to deal with an       application the case must be referred to it within a period of       three months from the date of transmission of the Commission's       report to the Committee of Ministers, failing which it falls to       the Committee of Ministers to decide whether there has been a       violation of the Convention;   2.     Considers that in this case that provision was complied with,       since the Commission's report was transmitted to the Committee       of Ministers on 21 September 1995 and the application, although       it reached the secretariat of the Commission on 2 January 1996       and was communicated to the registry of the Court by the       Commission on 4 January, had been sent on 30 November 1995, that       is twenty-one days before expiry of the three-month period;   3.     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 can award the applicant just            satisfaction, having regard to any proposals made by the            Commission;   4.     Decides, therefore, unanimously, that the case will not be       considered by the Court.         Done in English and in French, and notified in writing on 15 May 1996 pursuant to Rule 34 para. 4 of Rules of Court B.   Signed: Franz MATSCHER       Chairman   Signed: Herbert PETZOLD       Registrar