CASA DI CURA VALLE FIORITA S.R.L. v. ITALY - 67944/13 (Judgment : Right to a fair trial : First Section) French Text [2018] ECHR 1019 (13 December 2018)

CASA DI CURA VALLE FIORITA S.R.L. v. ITALY - 67944/13 (Judgment : Right to a fair trial : First Section) French Text [2018] ECHR 1019 (13 December 2018)

Italian authorities failed for over five years to execute a definitive and enforceable judicial order for eviction and seizure of the applicant's property, depriving Article 6 § 1 and Article 1 of Protocol No. 1 of effective meaning and violating the rule of law.

Source-derived case information.

Citation
[2018] ECHR 1019
Parties
Applicant: Casa di Cura Valle Fiorita S.r.l.; Respondent: Republic of Italy
Jurisdiction
European Union
Procedural Posture
Application to European Court of Human Rights / Final Judgment
Outcome
Violation found
Legal Topics
Right to a Fair Trial, Right to Property, Non Execution of Judicial Decisions, Effective Remedies
Human Rights Civil Procedure Property Law Right to a Fair Trial Right to Property Non Execution of Judicial Decisions Effective Remedies

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Parties

Casa di Cura Valle Fiorita S.r.l.

Applicant

Republic of Italy

Respondent

Procedural Posture

Application to European Court of Human Rights / Final Judgment

  1. 1 Non-execution of a judicial order for eviction and seizure of property
  2. 2 Violation of right to a fair trial under Article 6 § 1
  3. 3 Violation of right to property under Article 1 of Protocol No. 1

Ratio Decidendi

Italian authorities failed for over five years to execute a definitive and enforceable judicial order for eviction and seizure of the applicant's property, depriving Article 6 § 1 and Article 1 of Protocol No. 1 of effective meaning and violating the rule of law.

Court Disposition

Violation found

Orders

  • State must pay applicant 20,000 EUR for moral damages within three months, plus applicable taxes.
  • Interest at ECB marginal lending rate plus three percentage points applies after deadline.