Resolution CM/ResDH(2025)33
Execution of the judgment of the European Court of Human Rights
Di Sarno and Others against Italy
 
(Adopted by the Committee of Ministers on 6 March 2025
at the 1521st meeting of the Ministers’ Deputies)
 
Application
Case
Judgment of
Final on
30765/08
DI SARNO AND OTHERS
10/01/2012
10/04/2012
 
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 violations of Articles 8 and 13 of the Convention established on account of the Italian authorities’ prolonged inability to ensure the proper functioning of waste collection, treatment and disposal in the Campania region and the lack effective remedies allowing the applicants to obtain redress for the damage they have suffered;
 
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;
 
Having examined the information provided by the government indicating the individual and general measures adopted to execute the judgment including the information regarding the payment of the just satisfaction awarded by the Court in respect of costs and expenses (see document
DH-DD(2024)1500, DH-DD(2023)1049, DH-DD(2023)35);
 
Recalling its decisions that the question of individual measures was resolved[1], and that no further general measures[2] are required in respect of the violation of Article 8 in this case;
 
Recalling also its decision2 to continue following the question of general measures required to address the violation of Article 13 in this case within the framework of the group of cases Cordella and Others v. Italy, also in the light of the Court’s findings in this case, and highlighting that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures required to address this issue;
 
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case;
 
DECIDES to close the examination of this case.
[1] See decision CM/Del/Dec(2016)1259/H46-16
[2] See decision CM/Del/Dec(2025)1521/H46-19