ARNOLDI v. ITALY - 35637/04 (Judgment : Remainder inadmissible - Admissibility criteria - Six-month period) French Text [2017] ECHR 1116 (07 December 2017)

ARNOLDI v. ITALY - 35637/04 (Judgment : Remainder inadmissible - Admissibility criteria - Six-month period) French Text [2017] ECHR 1116 (07 December 2017)

The outcome of the criminal proceedings, terminated under the statute of limitations, was directly decisive for the applicant's civil right to enforce her property rights, thus Article 6 ECHR civil limb was applicable.

Citation
[2017] ECHR 1116
Parties
Applicant: Applicant; Respondent: Respondent
Jurisdiction
European Union
Judgment Date
07 December 2017
Procedural Posture
Civil / Judgment
Outcome
judgment for applicant
Legal Topics
Article 6 ECHR, Civil Limb Applicability, Property Rights, Statute of Limitations
Civil Procedure Criminal Law Human Rights Article 6 ECHR Civil Limb Applicability Property Rights Statute of Limitations

Case Brief

Summary, issues, holding and outcome

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the outcome of criminal proceedings determines the civil rights of the injured party
  2. 2 Applicability of Article 6 ECHR civil limb in criminal proceedings
  3. 3 Effect of terminated criminal investigation on enforcement of property rights

Ratio Decidendi

The outcome of the criminal proceedings, terminated under the statute of limitations, was directly decisive for the applicant's civil right to enforce her property rights, thus Article 6 ECHR civil limb was applicable.

Court Disposition

judgment for applicant

Orders

  • Duration of impugned proceedings found excessively long
  • Application of Article 41 ECHR as per paragraphs 53-55 of the judgment