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Ministers' Deputies
Reference documents
The case concerns the fact that, between 1991 and 1994, the applicant company, despite a final court decision ordering the eviction of the tenant on grounds of non-payment of rent, was unable to obtain police assistance through the Prefect to secure the eviction of a group of Somali refugees illegally occupying its buildings. It also concerns the absence of compensation from the State for the financial damage the applicant company suffered as a result of the authorities' inaction.
On 18 June 1998, the Deputies decided, accepting the reasoning of the European Commission of Human Rights, that there had been a violation of Article 1 of Protocol No. 1: the Prefect's refusal could be considered justified in the general interest but the violation was due to the absence of compensation for the prejudice suffered in terms of both unpaid rent and damage to the property, in connection with the refugee's occupation of the property until the administrative authorities had found them alternative accommodation.
With regard to just satisfaction
On 9 March 1999, the Commission made revised supplementary proposals to award the applicant company the sum of 4 256 861 836 Italian lire (plus VAT) for pecuniary damage in terms of both unpaid rent and damage to the property, the sum of 5 000 000 Italian lire for non-pecuniary damage and the sum of 3 000 000 Italian lire for costs and expenses in the proceedings before the Commission, namely the total sum of 4 264 861 836 Italian lire.
The Italian authorities contested this proposal. At the 732nd meeting, the Deputies asked the Chair to explore the possibility of a friendly settlement should be explored and took note of the fact that domestic proceedings had ended before the Court of Appeal of Rome without any compensation having been awarded[2]. It was agreed that, if the friendly settlement negotiations were positive, they would, after several preparatory meetings in Rome, be finalised at a meeting in Strasbourg on 5 February 2001, under the auspices of the Chair and with the participation of the Directorate General of Human Rights.
The Secretariat recalls that, on 5 February 2001, the Vice-Chairman of the Deputies, in his capacity as acting Chairman on the occasion of the 732nd (DH) meeting of the Deputies, presided over a meeting between the representatives of the applicant company and the government of Italy, as a result of which agreement was achieved concerning the terms of a friendly settlement.
At the 741st (DH) meeting, the Vice-Chairman informed the Deputies that he had submitted the terms of the friendly settlement to the parties for formal acceptance, and it was agreed to resume consideration of the case at the present meeting in the light of the acceptances of both parties.
The terms which were submitted to the Parties were as follows:
“Following the Ministers' Deputies' discussions at their 741st meeting (13-14 February 2001), and taking into account the positions expressed at the meeting held before the Vice-Chairman of the Deputies on 5 February 2001 as well as those expressed in the letters sent on 9 February 2001 by the applicant party and the respondent government, it transpires that an arrangement, respecting human rights, might be concluded, along the following lines, to be signed by the parties before 25 February 2001:
The respondent government undertakes to pay the sum of 3 800 000 000 Italian lire net of tax within three months counting from the date upon which the Committee of Ministers approves the present settlement, it being understood that acceptance of the friendly settlement does not imply, with regard to the violations found by the Committee of Ministers, any acknowledgement of responsibility for any fault or omission whatsoever having regard to Italian law in force at the time of the facts.
The applicant party accepts this friendly settlement on the understanding that the agreed sum constitutes full satisfaction of all claims which the applicant might have on the basis of the same facts.”
The Government of Italy indicated its formal acceptance of these terms by letter to the Vice-Chairman dated 21 February 2001. The representatives of the applicant company signified their acceptance by a letter to the Vice Chairman dated 22 February 2001.
DRAFT DECISIONS
744th meeting – 7 March 2001
Item H32-1
C.A.R. S.R.L. against Italy (Application No. 23924)
Decision to be taken under former Article 32 of the European Convention on Human Rights
Decisions
The Deputies
1. noted that a friendly settlement with regard to just satisfaction had been concluded between the parties to this case and agreed that this settlement was based on respect for human rights as defined in the Convention;
2. decided that default interest, calculated on the basis of each full elapsed month of delay at the statutory rate applicable on the date of this decision, shall be payable in case of non-payment in whole or in part of the sum specified in the terms of the settlement, it being understood that the interest will accrue from the expiry of the time-limit until full payment is placed at the disposal of the applicant company;
3. agreed to resume consideration of this case at their 749th (DH) meeting
[1] The changes appear with a grey background.
[2] The examination of any general measures required in this case will pursued notably in the light of the judgment of the Rome Court of Appeal. |