MASTROIANNI AND TOSCANO v. ITALY - 12205/16 (Judgment : Right to a fair trial : First Section) French Text [2021] ECHR 559 (24 June 2021)

MASTROIANNI AND TOSCANO v. ITALY - 12205/16 (Judgment : Right to a fair trial : First Section) French Text [2021] ECHR 559 (24 June 2021)

The Court found that the applicants were entitled to enforceable claims under a final domestic judgment, and the authorities' failure to execute this judgment constituted a violation of their right to a fair trial, their right to property, and their right to an effective remedy under Articles 6 § 1, Article 1 of...

Source-derived case information.

Citation
[2021] ECHR 559
Parties
Applicant: Mario Mastroianni; Applicant: Fernanda Damiana Toscano; Respondent: Republic of Italy
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment
Outcome
Application allowed in part; violations found.
Legal Topics
Right to a Fair Trial, Right to Property, Effective Remedy, Non Execution of Judgments, State Liability
Human Rights Law Civil Procedure Right to a Fair Trial Right to Property Effective Remedy Non Execution of Judgments State Liability

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Parties

Mario Mastroianni

Applicant

Fernanda Damiana Toscano

Applicant

Republic of Italy

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment

  1. 1 Whether the non-execution of a final domestic judgment violated Article 6 § 1 (right to a fair trial), Article 1 of Protocol No. 1 (protection of property), and Article 13 (right to an effective remedy) of the European Convention on Human Rights.

Ratio Decidendi

The Court found that the applicants were entitled to enforceable claims under a final domestic judgment, and the authorities' failure to execute this judgment constituted a violation of their right to a fair trial, their right to property, and their right to an effective remedy under Articles 6 § 1, Article 1 of Protocol No. 1, and Article 13 of the Convention.

Court Disposition

Application allowed in part; violations found.

Orders

  • The respondent State must pay 101151.88 EUR to the first applicant for pecuniary damage.
  • The respondent State must pay 12508.44 EUR to the second applicant for pecuniary damage.