CASE OF ISTITUTO DIOCESANO PER IL SOSTENTAMENTO DEL CLERO DI CAPUA AND OTHERS AGAINST ITALY

Resolution CM/ResDH(2025)68 Execution of the judgment of the European Court of Human Rights Istituto diocesano per il Sostentamento del Clero di Capua and Others against Italy   (Adopted by the Committee of Ministers on 30 April 2025 at the 1527th meeting of the Ministers’ Deputies)    Application No. Case Judgment of Final on 41591/07 ISTITUTO DIOCESANO PER IL SOSTENTAMENTO DEL CLERO DI CAPUA AND OTHERS 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 1 of Protocol No. 1 to the Convention, established due to the inadequate amount of compensation awarded to the applicant institutes following the occupation and expropriation of their plots of land;   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 has been paid and considering that the question of individual measures has been resolved, since the consequences suffered by the applicant institutes as a result of the violation have thus been erased;   Recalling that the measures required to guarantee the non-repetition of the violation of Article 1 of Protocol No. 1 were examined in the context of the group of cases Belvedere Alberghiera S.R.L. v. Italy (see Final Resolution CM/ResDH(2017)138) and continue to be examined within the framework of the group of cases Di Marco v. Italy, and that the closure of this case therefore in no way prejudges the Committee’s evaluation of these measures;   DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case;   CONCLUDES that the necessary individual measures have been adopted;   DECIDES to continue to supervise within the group of cases Di Marco v. Italy the adoption of the necessary general measures to remedy the issue of the inadequate compensation for the lawful occupation and expropriation of lands;   DECIDES to close the examination of this case.