CEDH · CASELAW;CLIN;ENG — 27 novembre 2007

.s3ABFC313 { font-size:10pt } .sEB86A30B { margin-top:0pt; margin-bottom:14pt; page-break-after:avoid } .sBB9EE52A { font-family:Arial } .sA241FE93 { margin-top:0pt; margin-bottom:18pt; text-align:justify; page-break-after:avoid; border-bottom:0.75pt solid #000000; padding-bottom:1pt } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s8F2B0B1B { margin-top:12pt; margin-bottom:12pt; page-break-after:avoid; font-size:12pt } .sA36B60A1 { font-family:Arial; font-style:italic } .s5F48796F { margin-top:12pt; margin-bottom:0pt; text-align:justify } .s5CB9E8AB { margin-top:12pt; margin-bottom:0pt; text-align:justify; border-bottom:1pt solid #000000; padding-bottom:1pt } .sDF790F1E { margin-top:12pt; margin-bottom:0pt; text-align:center } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } Information Note on the Court’s case-law No. 102 November 2007 Esposito v. Italy - 35771/03 Judgment 27.11.2007 [Section II] Article 34 Victim Compensation for the length of bankruptcy proceedings and the civil and political disqualifications resulting from the bankruptcy order: inadmissible   The applicant was declared bankrupt in 1991. The bankruptcy proceedings had not yet been terminated in 2007. In 2003 the applicant lodged an appeal under the Pinto Act. He pointed out that bankruptcy proceedings entailed the deprivation of a number of civil and personal rights, namely restrictions on the right to respect for one’s correspondence and freedom of movement, inability to open a current account or dispose of one’s possessions, as well as the “ignominy” of having one’s name placed on the bankruptcy register and loss of the right to vote or to stand for election. The Italian court found a violation of Article 6 §   1 of the Convention and awarded the applicant EUR 14,000 in respect of the non-pecuniary damage sustained as a result of the length of the bankruptcy proceedings and the impact thereof on his social respectability and his dignity, and the resulting legal restrictions. Consequences of the excessive length of bankruptcy proceedings on the applicant’s rights under Articles 6 and 8 of the Convention and Articles 1 of Protocol No. 1 and 2 of Protocol No. 4 –   The applicant had exhausted the remedies open to him under the Pinto Act. The domestic court had found a violation of Article 6 § 1 and awarded him damages for the excessive length of the bankruptcy proceedings and the resulting legal restrictions. The applicant had thus received 70% of the sum he might have obtained in Strasbourg. That being so, the applicant had, in substance, secured the Italian authorities’ acknowledgment of the violations complained of and, having regard to the criteria which emerge from the Court’s case-law, the redress obtained for the violations concerned could be considered appropriate and sufficient. The applicant could no longer claim to be a victim of the alleged violations of Articles 6 (right to take legal action) and 8 of the Convention and Articles 1 of Protocol No. 1 and 2 of Protocol No. 4: incompatible ratione personae .   © Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court. Click here for the Case-Law Information Notes