LOMBARDO v. ITALY - 42353/98 [1999] ECHR 159 (14 December 1999)

Court of Appeal ruled that the proceedings against the applicant be discontinued as being time-barred. The judgment was filed with the court registry on 30 December 1997 and became final, at the latest, on 6 February 1998. AS TO THE LAW 11. On 5 November 1999 the Court received the following declaration from the Government: “I declare that the Government of Italy offer to pay 22,000,000 ITL to Mr Vincenzo Lombardo with a view to securing a friendly settlement of the application registered under No. 42353/98. This sum shall cover any pecuniary and non-pecuniary damage (17,000,000 ITL) as well as legal costs (5,000,000 ITL), and it will be payable immediately after the notification of the judgment delivered by the Court pursuant to Article 39 of the European Convention on Human Rights. This payment will constitute the final resolution of the case. The Government further undertake not to request the reference of the case to the Grand Chamber under Article 43 § 1 of the Convention.” 12. On 3 November 1999 the Court received from the applicant’s representative the following declaration signed by the applicant: “I note that the Government of Italy are prepared to pay 22,000,000 ITL (17,000,000 ITL for pecuniary and non-pecuniary damage and 5,000,000 ITL for legal costs) to Mr Vincenzo Lombardo with a view to securing a friendly settlement of application No. 42353/98 pending before the Court. I accept the proposal and waive any further claims in respect of Italy relating to the facts of this application. I declare that the case is definitely settled. This declaration is made in the context of a friendly settlement which the Government and the applicant have reached. I further undertake not to request the reference of the case to the Grand Chamber pursuant to Article 43 § 1 of the Convention after the delivery of the Court’s judgment.” 13. The Court takes note of the agreement reached between the parties (Article 39 of the Convention). It is satisfied that the settlement is based on respect for human rights as defined in the Convention or its Protocols (Article 37 § 1 in fine of the Convention and Rule 62 § 3 of the Rules of Court). 14. Accordingly, the case should be struck out of the list. FOR THESE REASONS, THE COURT UNANIMOUSLY 1. Decides to strike the case out of the list; 2. Takes note of the parties’ undertaking not to request a rehearing of the case before the Grand Chamber. Done in English, and notified in writing on 14 December 1999, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court. Erik FRIBERGH Christos ROZAKIS Registrar President BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII