European Court of Human Rights

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You are here: BAILII >> Databases >> European Court of Human Rights >> FABBRINI v. ITALY - 33115/96 [2002] ECHR 747 (15 November 2002)
URL: http://www.bailii.org/eu/cases/ECHR/2002/747.html
Cite as: [2002] ECHR 747

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FIRST SECTION

CASE OF FABBRINI v. ITALY

(Application no. 33115/96)

JUDGMENT

(Friendly settlement)

STRASBOURG

15 November 2002

This judgment is final but it may be subject to editorial revision.

In the case of Fabbrini v. Italy,

The European Court of Human Rights (First Section), sitting as a Chamber composed of:

Mr C.L. ROZAKIS, President,

Mrs F. TULKENS,

Mr P. LORENZEN,

Mrs N. VAJIć,

Mr E. LEVITS,

Mr A. KOVLER, judges,

Mr G. RAIMONDI, ad hoc judge,

and Mr E. FRIBERGH, Section Registrar,

Having deliberated in private on 24 October 2002,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1.  The case originated in an application (no. 33115/96) against the Italian Republic lodged with the European Commission of Human Rights (“the Commission”) under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by an Italian national, Mr Alberto Fabbrini (“the applicant”), on 12 June 1996.

2.  The applicant was represented by Mr G. Viligiardi, a lawyer practising in Florence. The Italian Government (“the Government”) were represented by their Agent, Mr U. Leanza, and by their co-agent, Mr V. Esposito.

3.  The applicant complained about his prolonged inability – through lack of police assistance – to recover possession of his apartment and about the duration of the eviction proceedings.

4.  The case was transferred to the Court on 1 November 1998 by virtue of Article 5 § 2 of Protocol No. 11 to the Convention.

5.  On 25 May 2000, having obtained the parties’ observations, the Court declared the application admissible.

6.  On 1 November 2001 the Court changed the composition of its Sections (Rule 25 § 1). This case was assigned to the newly composed First Section.

7.  On 23 September 2002 and on 9 October 2002 the applicant and the Government respectively submitted formal declarations accepting a friendly settlement of the case.

THE FACTS

8.  The applicant is the owner of an apartment in Florence, which he had let to A.B.

9.  In a registered letter of 26 March 1984, the applicant informed the tenant that he intended to terminate the lease on expiry of the term on 30 June 1986 and asked him to vacate the premises by that date.

10.  On 8 April 1986, he served a notice to quit on the tenant, but he refused to leave.

11.  In a writ served on the tenant on 22 April 1986, the applicant reiterated his intention to terminate the lease and summoned the tenant to appear before the Florence Magistrate.

12.  By a decision of 2 May 1986, which was made enforceable on 7 July 1986, the Florence Magistrate upheld the validity of the notice to quit and ordered that the premises be vacated by 30 June 1988.

13.  On 13 July 1988 and again on 13 May 1989, the applicant served notice on the tenant requiring him to vacate the premises.

14.  On 2 May 1989 the applicant made a statutory declaration that he urgently required the premises as accommodation for himself.

15.  On 17 June 1989 he served notice on the tenant informing him that the order for possession would be enforced by a bailiff on 7 August 1989.

16.  Between 7 August 1989 and 15 October 1996, the bailiff made fifteen attempts to recover possession. Each attempt proved unsuccessful, as the applicant was never granted the assistance of the police in enforcing the order for possession.

17.  On 7 April 1997, the applicant repossessed the premises.

THE LAW

18.  On 9 October 2002 the Court received the following declaration from the Government:

“I declare that the Government of Italy offer to pay 2,200 (two thousand two hundred) Euros to Mr Alberto Fabbrini with a view to securing a friendly settlement of the application registered under no. 33115/96. This sum shall cover any pecuniary and non-pecuniary damage as well as costs, and it will be payable within three months starting from the notification of the judgment delivered by the Court pursuant to Article 39 of the European Convention on Human Rights. This payment will constitute the final resolution of the case.

This declaration does not entail any acknowledgement by the Government of a violation of the European Convention on Human Rights in the present case.

The Government further undertake not to request the referral of the case to the Grand Chamber under Article 43 § 1 of the Convention.”

19.  On 23 September 2002 the Court received the following declaration signed by the applicant:

“I note that the Government of Italy are prepared to pay a sum totalling 2,200 (two thousand two hundred) Euros covering both pecuniary and non-pecuniary damage and costs to Mr Alberto Fabbrini with a view to securing a friendly settlement of application no. 33115/96 pending before the Court.

I accept the proposal and waive any further claims in respect of Italy relating to the facts of this application. I declare that the case is definitely settled.

This declaration is made in the context of a friendly settlement which the Government and the applicant have reached.

I further undertake not to request the referral of the case to the Grand Chamber under Article 43 § 1 of the Convention after the delivery of the Court’s judgment.”

20.  The Court takes note of the agreement reached between the parties (Article 39 of the Convention). It is satisfied that the settlement is based on respect for human rights as defined in the Convention or its Protocols (Article 37 § 1 in fine of the Convention and Rule 62 § 3 of the Rules of Court).

21.  Accordingly, the case should be struck out of the list.

FOR THESE REASONS, THE COURT UNANIMOUSLY

1.  Decides to strike the case out of the list;

2.  Takes note of the parties’ undertaking not to request a rehearing of the case before the Grand Chamber.

Done in English, and notified in writing on 15 November 2002, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Erik FRIBERGH Christos ROZAKIS

Registrar President

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