SALVATORE COPPOLA AND OTHERS v. ITALY - 5179/05 - HEJUD (French text) [2012] ECHR 2082 (18 December 2012)

SALVATORE COPPOLA AND OTHERS v. ITALY - 5179/05 - HEJUD (French text) [2012] ECHR 2082 (18 December 2012)

The Court found that the continued registration of applicants as bankrupts and the resulting incapacities after closure of bankruptcy proceedings constituted a violation of Article 8 (right to respect for private life). For applicants Iotti and Suma, the lack of an effective remedy for the incapacities resulting...

Source-derived case information.

Citation
[2012] ECHR 2082
Parties
Applicant: Salvatore Coppola; Applicant: Giuseppe Coppola; Applicant: Maria Catania; Applicant: Vittorino Iotti; Applicant: Francesco Suma; Applicant: Pietro Spanò; Applicant: Giovanna Brugiafreddo; Applicant: Paola Falcone; Respondent: Republic of Italy
Jurisdiction
European Union
Procedural Posture
European Court of Human Rights Application / Judgment After Full Hearing
Outcome
Applications joined; violations found; partial just satisfaction awarded
Legal Topics
Right to Respect for Private Life, Bankruptcy Incapacities, Effective Remedy, Duration of Proceedings, Satisfaction Équitable, Register of Bankrupts
Human Rights Law Bankruptcy Law Right to Respect for Private Life Bankruptcy Incapacities Effective Remedy Duration of Proceedings Satisfaction Équitable Register of Bankrupts

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Parties

Salvatore Coppola

Applicant

Giuseppe Coppola

Applicant

Maria Catania

Applicant

Vittorino Iotti

Applicant

Francesco Suma

Applicant

Pietro Spanò

Applicant

Giovanna Brugiafreddo

Applicant

Paola Falcone

Applicant

Republic of Italy

Respondent

Procedural Posture

European Court of Human Rights Application / Judgment After Full Hearing

  1. 1 Whether the continued registration of bankrupts and related incapacities violated Article 8 (right to respect for private life) of the Convention
  2. 2 Whether there was a violation of Article 13 (right to an effective remedy) regarding incapacities from bankruptcy registration
  3. 3 Whether the applicants had access to an effective remedy for the prolongation of incapacities

Ratio Decidendi

The Court found that the continued registration of applicants as bankrupts and the resulting incapacities after closure of bankruptcy proceedings constituted a violation of Article 8 (right to respect for private life). For applicants Iotti and Suma, the lack of an effective remedy for the incapacities resulting from bankruptcy registration also violated Article 13. The Court held that the findings of violation constituted sufficient just satisfaction for non-pecuniary damage, and awarded 500 EUR per application for costs and expenses.

Court Disposition

Applications joined; violations found; partial just satisfaction awarded

Orders

  • Applications joined and examined together
  • Violation of Article 8 (right to respect for private life) for all applicants