2 cases, Re non-execution of court orders v Italy

Whereas under these friendly settlements it was agreed that the government of the respondent state would pay the applicants certain sums (see Appendix), within three months as from the notification of the judgments;

Recalling that the striking-out of a case which has been declared admissible is effected by means of a judgment which the Court forwards to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2, of the Convention, the execution of any undertakings which may have been attached to the discontinuance, friendly settlement or solution of the matter;

Having invited the government of the respondent state to inform the Committee of the measures taken in order to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgments;

Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that the government of the respondent state paid the applicants the sums provided for in the friendly settlement (see details in Appendix);

Whereas during the examination of the cases by the Committee of Ministers, the government of the respondent state recalled that measures had already been taken to avoid new complaints of the same kind as that found in these cases (see Resolution ResDH(2007)84 in the cases Immobiliare Saffi and 156 other cases against Italy);

Having examined the information supplied by the government of Italy,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in these cases and DECIDES to close their examination.

Appendix to Resolution CM/ResDH(2009)35

Information about the measures to comply with the judgments in 2 cases concerning non-execution of court orders to evict tenants

against Italy

Details of payments

Name and application No.

Date of judgment

Global amount

Total

PAOLO CECERE

68344/01

24/11/2005

Paid on 27/02/2006

COMELLINI

15491/02

09/02/2006

Paid on 01/03/2006