FERRARI v. ITALY - 33440/96

This judgment is subject to editorial revision before its reproduction in final form in the official Reports of selected judgments and decisions of the Court.

The European Court of Human Rights, sitting, in accordance with Article 27 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”), as amended by Protocol No. 11 [1] , and the relevant provisions of the Rules of Court 2 , as a Grand Chamber composed of the following judges:

The case was referred to the Court, as established under former Article 19 of the Convention [3] , by the Italian Government (“the Government”) on 18 September 1998 within the three-month period laid down by former Articles 32 § 1 and 47 of the Convention. It originated in an application (no. 33440/96) against the Italian Republic lodged with the European Commission of Human Rights (“the Commission”) under former Article 25 by an Italian national, Mrs Marcella Ferrari, on 14 September 1995.

The Government’s application referred to former Articles 44 and 48 as amended by Protocol no. 9 [2] , which Italy had ratified, and to the declaration whereby Italy recognised the compulsory jurisdiction of the Court (former Article 46). The object of the application was to obtain a decision as to whether the facts of the case disclosed a breach by the respondent State of its obligations under Article 6 § 1 of the Convention.

The applicant designated Mr F. E. Abbate as the lawyer who would represent her (Rule 31 of former Rules of Court B [2] ).