De Luca v Italy: ECHR 8 Jul 2014

Following the declaration of insolvency the city of Benevento, the applicant creditor of said municipality, could not obtain payment of his claim, and there was a violation of Article 6-1 of the Convention on account of the fact that the applicant had been deprived during a excessively long time, his right of access to a court that would have allowed him to enforce the judgment recognizing its debt vis-a-vis the municipality. The Court also decided to award the applicant 50,000 euros (EUR) for pecuniary and non-pecuniary and EUR 5 000 for costs and expenses. She rejected the claim for just satisfaction for the remainder.

Isil Karakas, P
43870/04 – Chamber Judgment, [2014] ECHR 729
Bailii
European Convention on Human Rights
Human Rights

Human Rights

Updated: 16 December 2021; Ref: scu.533850