CASE OF TOSI v. ITALY
Violation of P1-1;Violation of Art. 6-1;Pecuniary damage - financial award
Christos Rozakis
8. The applicant was born in 1931 and lives in Milan. 9. The applicant is the owner of an apartment in Milan, which she had let to M.A.H. on 1 March 1987. 10. In a writ served on the tenant on 13 February 1991 the applicant informed the tenant that she intended to terminate the lease and summoned the tenant to appear before the Milan Magistrate. 11. By a decision of 15 March 1991, which was made enforceable on 19 March 1991, the Milan Magistrate upheld the validity of the notice to quit and ordered that the premises must be vacated by 30 September 1991. 12. On 10 July 1991, the applicant served notice on the tenant requiring him to vacate the premises. 13. On 18 November 1991 she served notice on the tenant informing him that the order for possession would be enforced by a bailiff on 29 November 1991. 14. Between 29 November 1991 and 22 January 1999 the bailiff made twenty-four attempts to recover possession. Each attempt proved unsuccessful, as, under the statutory provisions providing for the staggering of evictions, the applicant was not entitled to police assistance in enforcing the order for possession. 15. On 22 November 1999, the applicant repossessed the premises with the assistance of the police. 16. The relevant domestic law is described in the Court’s judgment in the case of Immobiliare Saffi v. Italy [GC], no. 22774/93, 28.7.99, §§ 18-35, ECHR 1999-V.