CASE OF THERAPIC CENTER S.R.L. AND OTHERS AGAINST ITALY

Resolution CM/ResDH(2025)194 Execution of the judgment of the European Court of Human Rights Therapic Center S.R.L. and Others against Italy   (Adopted by the Committee of Ministers on 3 September 2025 at the 1535th meeting of the Ministers’ Deputies)   Application No. Case Judgment of Final on 39186/11 Therapic Center S.R.L. and Others 04/10/2018 04/102018   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 non-execution or the delayed execution of payment injunctions by a local health authority;   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 action report provided by the government, indicating the individual and general measures adopted in order to give effect to the judgment, including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2023)105);   Considering that the question of individual measures was resolved, given that the just satisfaction awarded by the Court in respect of non-pecuniary damages, costs and expenses and, where applicable, pecuniary damages was paid to the applicant companies;   Noting that in 2013 the Constitutional Court declared unconstitutional the legislative provisions that prevented the enforcement of the injunctions in this case;   Recalling that the issue of the general measures required to address the broader question of the non-enforcement or delayed enforcement of judicial decisions continues to be examined within the framework of the Croce and Others group of cases;   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;   DECIDES to close the examination of this case.