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APPLICATION FOR VIOLATION OF PROPERTY RIGHT IN CASE OF EVICTION IN ITALY
THE EUROPEAN COURT OF HUMAN RIGHTS.
Council of Europe
Strasbourg - France
APPLICATION
Submitted as described in Art.34 of the European Convention of Human Rights. FOR THE EXCESSIVE LENGTH OF CIVIL TRIALS AND VIOLATION OF THE PROPERTY RIGHT IN CASE OF EVICTION IN ITALY.
I
. THE PARTIES
THE APPLICANT
Name
First Name
Sex
Nationality
Occupation
Date and place of birth
Address
Permanent address
Tel N°
Represented and safeguarded during the proxy by Mr..……., with permanent address at Mr. ... cabinet, address:.
THE OTHER CONTRACTING PARTY
Government
OBJECT OF
THE APPLICATION: Violation of Art.6.1 of the European Convention of Human Rights dated 4 November 1950, about “the reasonable time” of a civil trial (competence and enforcement judgment) for the freeing of
a rented property for living purposes and for "the impossibility to submit an application to a Court" to object the missing intervention of the public forces to the eviction, that is to say a violation of
Art.1 of the Additional Protocol of the European Convention of Human Rights of 4 November 1950 about the owner right to have back his rented property.
II. STATEMENT OF THE FACTS
Mr. ……….is the owner of the property located at………, rented to Mr. ………
The landlord claims the tenant should be evicted immediately from his property by act of the Civil Court of .....
The first hearings were on ........on demand of.........the judge, judging admissible the
application, fixed on the eviction date on....
The tenant hasn’t respected spontaneously the final decision of the judge and the owner asks for the Court Official Intervention to evict the tenant.
Today, after many years, the owner, Mr. ...... is still waiting to enter into his property, even if the eviction is effective and he declared the necessity to live in this property with his family.
Following the Law n° 431 of 9 December 1998 the rent procedure for living properties has been ratified.
IN CONCLUSION
The civil trial of the Court of started in ………….., is still pending as the final decision hasn’t been actuated yet.
During the procedure time, the owner has been receiving the amount of ....as rent fees
The applicant couldn’t rent or sell to others the flat as his property can’t be occupied during all the eviction procedure time.
III. STATEMENT OF VIOLATIONS OF THE CONVENTION AND/OR THE
PROTOCOLS THERETO END RELEVANT ARGUMENTS
I.
OBJECT OF THE APPLICATION: Violation of Art.6, paragraph 1 of the European Convention of Human Rights signed on 4 November1950, on the “reasonable length” of a civil trial (competence and enforcement judgment) on the failed eviction of a living property by Public Officers.
II.
OBJECT OF THE APPLICATION: Violation of Art.1 of Additional Protocol to the European Convention of Human Rights signed on 4 November 1950, about the owner right to have returned his rented property.
The Legal Section of the European Court of Human Rights declared that:…………………………….
III. STATEMENT RELATIVE TO ART. 35 OF THE CONVENTION.
Being a case of excessive length of a
trial discussed in front of national authorities, even for the "impossibility to submit an application to a Court" to object the missing intervention of the public forces to the eviction, it's not
necessary to wait the end of the trial to submit an application to the European Court of Human Rights, even if the six months from the date of the final decision according to Art.35 (previously Art. 26) of the
Convention haven't passed yet.
The Court perfectly knows that the applicant hasn’t the power to speed the making of the decision.
IV. STATEMENT OF THE OBJECT OF THE APPLICATION FOR “JUST SATISFACTION”
The applicant ask for a check of the violation and for the compensation from the Italian Government, as
fixed afterwards, for the legal costs during the eviction procedure as well as material and moral damages for the missing freeing of the rented property.
If not ratified during the trial in front of the European Court of Human Rights, the applicant ask to the Italian Government a compensation of Lire……for legal costs for the eviction procedure. This amount is
not definitive.
The owner damage is due to the impossibility to rent or sell the property on the free market. Those earnings would have given the chance to the owner to have a home of the same quality as the one rented. Therefor the
applicant asks for a compensation of Lire 40 millions.
As for the moral damage, it must be taken into consideration the anxiety and incertitude of the owner from the beginning of the procedure till the end. In fact, while he waited for his property, the owner had
to live in his parents'house which caused many difficulties as he already has his own family with a wife and three children. For those moral damages the applicant asks for a compensation of Lire 35 millions.
V. STATEMENT CONCERNING OTHER INTERNATIONAL PROCEEDINGS
The applicant hasn’t submitted the complaint to any other procedure.
VI. LIST OF DOCUMENTS
Copy:
a)
Notice of process,
b) Photocopies of reports,
c) Eviction order,
d) Bailiff admission report of………
e) Final decision of the Court of …………….. that fixed the eviction date on …………..
With option to submit new documents on the eviction procedure apart from those asked by the European Court.
VII. STATEMENT OF PREFERRED LANGUAGE
The applicant may ask to use his native language during his defence and in case of a hearing at the European Court of Human Rights, but also to have a free
Italian translation of all documents sent by the European Court Secretary, and of all Italian Government defensive documents. English (or French) shall be considered always admissible.
VIII. DECLARATION AND SIGNATURE
I hereby declare that, to the best of my knowledge and belief, the information I have given in the application is correct and that I will respect the confidentiality of the Commission’s proceedings.
Mr. ………………
Legal Representative ………………………..
IX. PROXY
The undersigned …….(first name, name and permanent address of the applicant) I
hereby appoint Mr.…as my lawyer to represent and safeguard my interests during the proxy at the European Court of Human Rights and in any case necessary according to the European Convention on Human Rights
Mr.…………..
……………..
Original Signature
Legal Representative ……………………..
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