CASE OF L'ORTOFRUTTICOLA SOCIETA' COOPERATIVA AGAINST ITALY

Resolution CM/ResDH(2024)378 Execution of the judgment of the European Court of Human Rights L’Ortofrutticola Societá Cooperativa against Italy   (Adopted by the Committee of Ministers on 11 December 2024 at the 1515th meeting of the Ministers’ Deputies)   Application No. Case Judgment of Final on 35538/16 L’ORTOFRUTTICOLA SOCIETÀ COOPERATIVA 13/07/2023 13/07/2023   The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),   Having regard to the final judgment transmitted by the Court to the Committee in this case and to the violation of Article 6, paragraph 1 of the Convention, established on account of the legislative interference in pending judicial proceedings through retroactive legislation;   Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:   -          of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and -          of general measures preventing similar violations;   Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;   Noting that the just satisfaction awarded by the Court in this case for pecuniary and non-pecuniary damage and costs and expenses has been paid and considering that the question of individual measures has been resolved, since the consequences suffered by the applicant company as a result of the violation have thus been erased;   Recalling that the measures required to guarantee non-repetition of the violations of Article 6, paragraph 1, were examined in the context of the case Azienda Agricola Silverfunghi S.A.S. and Others v. Italy (see Final Resolution CM/ResDH(2019)276);   Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,   DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and   DECIDES to close the examination thereof.