GIACOMELLI v. ITALY View

Notes

Date	02/11/2006
AppNr	59909/00
Body	Court (Third Section)
Type	Judgment (Merits and Just Satisfaction)
Articles	35-1; 41; 8
Violated / NonViolated	8
Citations	38P1-16-1813P1-1

Conclusions:

Costs and expenses award - Convention proceedings
Costs and expenses partial award - domestic proceedings
Non-pecuniary damage - financial award
Pecuniary damage - claim dismissed
Preliminary objection joined to merits and dismissed -non-exhaustion of domestic remedies)
Violation of Art. 8

Keywords:

(art. 35-1) exhaustion of domestic remedies
(art. 8-1) respect for family life
(art. 8-1) respect for home
(art. 8-1) respect for private life
(art. 8-2) necessary in a democratic society
margin of appreciation
positive obligations

ECHR Notes

Originating Body	Court (Third Section)
Document Type	Judgment (Merits and Just Satisfaction)
Published in	Reports of Judgments and Decisions 2006-XII
Language	FRENCH
Application Number	59909/00
Importance Level	1
Represented by	TOMA M.
Respondent State	Italy
Date of Judgment	02/11/2006
Conclusion	Preliminary objection joined to merits and dismissed -non-exhaustion of domestic remedies) ; Violation of Art. 8 ; Pecuniary damage - claim dismissed ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses award - Convention proceedings
Articles	8 ; 35-1 ; 41
Separate Opinions	No
Law at Issue	Section 6 of Law no. 349/1986 on the environment
Strasbourg Case Law	Belziuk v. Poland, judgment of 25 March 1998, Reports 1998-II, p. 573, § 49 ; Buckley v. the United Kingdom, judgment of 25 September 1996, Reports 1996-IV, pp. 1291-1293, §§ 74-77 ; Guerra and Others v. Italy, judgment of 19 February 1998, Reports 1998-I, p. 227, § 57, and § 60 ; Hatton and Others v. the United Kingdom, [GC], no. 36022/97, §§ 96, 100, 104 and 128, ECHR 2003-VIII ; Immobiliare Saffi v. Italy [GC], no. 22774/93, § 63, ECHR 1999-V ; López Ostra v. Spain, judgment of 9 December 1994, Series A no. 303-C, pp. 54-55, § 51 ; McGinley and Egan v. the United Kingdom, judgment of 9 June 1998, Reports 1998-III, p. 1362, § 97 ; McMichael v. the United Kingdom, judgment of 24 February 1995, Series A no. 307-B, p. 55, § 87 ; Öcalan v. Turkey [GC], no. 46221/99, § 210, ECHR 2005-IV ; Powell and Rayner v. the United Kingdom, judgment of 21 February 1990, Series A no. 172, p. 18, §§ 40, 41 ; Sardinas Albo v. Italy, no. 56271/00, § 110, 17 February 2005 ; Serre v. France, no. 29718/96, § 29, 29 September 1999 ; Surugiu v. Romania, no. 48995/99, 20 April 2004 ; Taskin and Others v. Turkey, no. 46117/99, §§ 115, 116 and 118-119, ECHR 2004-X
Keywords	"(Art. 35-1) EXHAUSTION OF DOMESTIC REMEDIES" "(Art. 8-1) RESPECT FOR FAMILY LIFE" "(Art. 8-1) RESPECT FOR HOME" "(Art. 8-1) RESPECT FOR PRIVATE LIFE" "(Art. 8-2) NECESSARY IN A DEMOCRATIC SOCIETY" "MARGIN OF APPRECIATION" "POSITIVE OBLIGATIONS" PROPORTIONALITY

Application Documents 1

1

GIACOMELLI c. ITALIE

Court (Fourth Section) Decision

15/03/2005

References 14

	4 SARDINAS ALBO v. ITALY 5-3 Court (First Section) Judgment (Merits and Just Satisfaction)	17/02/2005
	32 TASKIN AND OTHERS v. TURKEY 8, 6-1 Court (Third Section) Judgment (Merits and Just Satisfaction)	10/11/2004
	12 SURUGIU v. ROMANIA 8 Court (Second Section) Judgment (Merits and Just Satisfaction)	20/04/2004
	32 SARDINAS ALBO v. ITALY Court (First Section) Decision	08/01/2004
	70 HATTON AND OTHERS v. THE UNITED KINGDOM 13, 8 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	08/07/2003
	14 HATTON AND OTHERS v. THE UNITED KINGDOM 8, 13 Court (Third Section) Judgment (Merits and Just Satisfaction)	02/10/2001
	248 ÖCALAN v. TURKEY Court (First Section) Decision	14/12/2000
	10 SERRE v. FRANCE 6-1 Court (Third Section) Judgment (Merits)	29/09/1999
	726 IMMOBILIARE SAFFI v. ITALY P1-1, 6-1 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	28/07/1999
	101 BELZIUK v. POLAND 6 Court (Chamber) Judgment (Merits and Just Satisfaction)	25/03/1998
	172 GUERRA AND OTHERS v. ITALY 8 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	19/02/1998
	107 BUCKLEY v. THE UNITED KINGDOM 8, 14 Court (Chamber) Judgment (Merits)	25/09/1996
	77 LÓPEZ OSTRA v. SPAIN 8, 3 Court (Chamber) Judgment (Merits and Just Satisfaction)	09/12/1994
	285 POWELL AND RAYNER v. THE UNITED KINGDOM 13 Court (Chamber) Judgment (Merits)	21/02/1990

Citations Breakdown

1–10 of 20

Citations 20

	ZAMMIT MAEMPEL v. MALTA 8 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	22/11/2011
	SERYAVIN AND OTHERS v. UKRAINE 8 Court (Fifth Section) Judgment (Merits and Just Satisfaction)	10/02/2011
	1 DUBETSKA AND OTHERS v. UKRAINE 8 Court (Fifth Section) Judgment (Merits and Just Satisfaction)	10/02/2011
	IVAN ATANASOV v. BULGARIA 8, P1-1, 6-1, 13 Court (Fifth Section) Judgment (Merits and Just Satisfaction)	02/12/2010
	5 MILEVA AND OTHERS v. BULGARIA 8 Court (Fifth Section) Judgment (Merits and Just Satisfaction)	25/11/2010
	BACILA v. ROMANIA 8 Court (Third Section) Judgment (Merits and Just Satisfaction)	30/03/2010
	TARIM c. TURQUIE Court (Second Section) Decision	09/03/2010
	NANE AND OTHERS v. TURKEY Court (Second Section) Judgment (Merits and Just Satisfaction)	24/11/2009
	4 HACISALIHOGLU v. TURKEY Court (Second Section) Judgment (Merits and Just Satisfaction)	02/06/2009
	23 BRANDUSE v. ROMANIA 3, 8 Court (Third Section) Judgment (Merits and Just Satisfaction)	07/04/2009

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