CIPOLLETTA v. ITALY - 38259/09 (Judgment : Violation of Right to a fair trial (Administrative proceedings - Reasonable time)) French Text [2018] ECHR 51 (11 January 2018)

CIPOLLETTA v. ITALY - 38259/09 (Judgment : Violation of Right to a fair trial (Administrative proceedings - Reasonable time)) French Text [2018] ECHR 51 (11 January 2018)

The Court found that the duration of the liquidation proceedings (over 25 years) was excessive and not justified by the complexity of the case, violating Article 6 § 1. The Court also found a violation of Article 13 due to the absence of an effective remedy for the applicant to challenge the excessive length of...

Source-derived case information.

Citation
[2018] ECHR 51
Parties
Applicant: Aldo Cipolletta; Respondent: Republic of Italy
Jurisdiction
European Union
Procedural Posture
Human Rights Application / Judgment
Outcome
Violation of Article 6 § 1 and Article 13 of the Convention found; just satisfaction awarded.
Legal Topics
Right to a Fair Trial, Reasonable Time Requirement, Effective Remedy, Liquidation Administrative Proceedings, Article 6 ECHR, Article 13 ECHR
Human Rights Law Administrative Law Civil Procedure Right to a Fair Trial Reasonable Time Requirement Effective Remedy Liquidation Administrative Proceedings Article 6 ECHR +1 more

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Parties

Aldo Cipolletta

Applicant

Republic of Italy

Respondent

Procedural Posture

Human Rights Application / Judgment

  1. 1 Whether the duration of administrative liquidation proceedings violated the right to a fair trial under Article 6 § 1 of the Convention
  2. 2 Whether the applicant had an effective remedy under Article 13 of the Convention

Ratio Decidendi

The Court found that the duration of the liquidation proceedings (over 25 years) was excessive and not justified by the complexity of the case, violating Article 6 § 1. The Court also found a violation of Article 13 due to the absence of an effective remedy for the applicant to challenge the excessive length of proceedings.

Court Disposition

Violation of Article 6 § 1 and Article 13 of the Convention found; just satisfaction awarded.

Orders

  • The respondent State must pay the applicant 24,000 EUR for non-pecuniary damage within three months.
  • The respondent State must pay the applicant 2,500 EUR for costs and expenses within three months.