COOPERATIVA 'SANNIO VERDE' S.R.L. v. ITALY - 43465/02 - HEJUD [2012] ECHR 1947 (15 November 2012)

COOPERATIVA 'SANNIO VERDE' S.R.L. v. ITALY - 43465/02 - HEJUD [2012] ECHR 1947 (15 November 2012)

The Court found a violation of Article 6 § 1 due to the excessive length (almost eleven years and seven months) of the main civil proceedings for a single level of jurisdiction, and the manifestly unreasonable result of the Pinto proceedings, which failed to award any compensation. The Pinto remedy was not...

Source-derived case information.

Citation
[2012] ECHR 1947
Parties
Applicant: Cooperativa 'Sannio Verde' S. R. L.; Respondent: Republic of Italy
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment After Full Hearing
Outcome
Violation of Article 6 § 1 found; partial satisfaction awarded; remainder of claims rejected.
Legal Topics
Right to a Fair Trial, Reasonable Time Requirement, Effective Remedy, Compensation for Non Pecuniary Damage
Human Rights Law Civil Procedure Right to a Fair Trial Reasonable Time Requirement Effective Remedy Compensation for Non Pecuniary Damage

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Parties

Cooperativa 'Sannio Verde' S. R. L.

Applicant

Republic of Italy

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment After Full Hearing

  1. 1 Whether the length of the main civil proceedings violated Article 6 § 1 of the Convention
  2. 2 Whether the lack of compensation in the Pinto proceedings constituted a further violation
  3. 3 Whether the Pinto remedy was effective under Article 13

Ratio Decidendi

The Court found a violation of Article 6 § 1 due to the excessive length (almost eleven years and seven months) of the main civil proceedings for a single level of jurisdiction, and the manifestly unreasonable result of the Pinto proceedings, which failed to award any compensation. The Pinto remedy was not considered ineffective in general, but in this case, the lack of compensation rendered it insufficient.

Court Disposition

Violation of Article 6 § 1 found; partial satisfaction awarded; remainder of claims rejected.

Orders

  • The respondent State must pay the applicant 5,700 EUR for non-pecuniary damage within three months, plus any tax due.
  • The respondent State must pay the applicant 1,500 EUR for costs and expenses within three months, plus any tax due.