Case status: Findings adopted on 06.07.2021 – Non-compliance found.
Follow-up: On-going; see Decision VII/8j.
Topics: Clear, transparent and consistent framework; Access to justice.
Articles alleged: 3 (8); 9 (4), 9 (5).
Articles considered by the Committee: 3 (1); 9 (2) –9 (5).
Articles, if any, found in non-compliance: 3 (1); 9 (4), 9 (5).
Summary: On 12 May 2015, WWF Italia submitted a communication to the Compliance Committee, claiming the failure of Italy to comply with its obligations under articles 3 (8) and 9 (4) and (5) of the Convention with respect to the cost of access to justice.
| Documents | Status | Date received or posted by the secretariat |
|---|---|---|
| Communication Annex 1: ENG ITA Annex 2: ENG ITA Annex 3: ENG ITA Annex 4: ENG ITA Annex 5: ENG ITA Annex 6: ENG ITA Annex 7: ENG ITA Annex 8: ENG ITA |
From the communicant | 12.05.2015 |
| Letter to Party concerned enclosing preliminary determination of admissibility and forwarding communication for Party concerned's response | From the secretariat | 05.10.2015 |
| Response to communication | From the Party concerned | 30.09.2016 |
| Questions from the Committee to the communicant and the Party concerned | From the secretariat | 30.01.2018 |
| Request for an extension to reply to the questions | From the Party concerned | 06.03.2018 |
| Reply to questions | From the communicant | 07.03.2018 (dated 05.03.2018) |
| Reply to request for extension from the Chair of the Committee | From the secretariat | 09.03.2018 |
| Reply to questions ENG ITA Annex 1: Appeal judgement no. 21522, 20.09.2013, WWF v Agenzia delle Entrate ITA Annex 2: Commissione Tributaria of Liguria, judgement no. 1171, 11.10.2016, AVA v TAR ITA Annex 3:Commissione Tributaria of Campania, judgement no. 558, 23.01.2018 ITA |
From the Party concerned | 09.04.2018 |
| Cover letter enclosing comments on the Party's reply to questions ENG ITA Annex 1: Council of State, judgement no. 1619, 14.03.2018 ITA Annex 2: Council of State, judgement no. 4001, 14.08.2017 ITA Annex 3: Constitutional Court, judgement no. 77, 19.04.2018 ITA Annex 4: Administrative Court Marche, judgement no. 118, 02.12.2016 ITA Annex 5: Administrative Court Calabria, judgement no. 1967, 13.10.2016 ITA |
From the communicant | 30.04.2018 |
| Email enclosing relevant legislation Annex 1: Legislative Decree 104/2010 Annex 2: Presidential Decree 115/2002 Annex 3: Legislative Decree 460/1997 |
From the Party concerned | 12.06.2018 |
| Letter to the Party concerned and communicant requesting outstanding documents and translations | From the secretariat | 03.08.2018 |
| Reply to Committee’s request for selected legislation and judgments Annex 1: Decision of Court of Cassation n.21522 dated 20.09.2013, WWF v. Agenzia delle Entrate ENG ITA Annex 2: Decision of Tax Commission of Liguria n.1171 dated 11.10.2016 ENG ITA Annex 3: Decision of Tax Commission of Campania no.558 of 23.1.2018 ENG ITA |
From the Party concerned | 01.10.2018 |
| Letters inviting the Party concerned and communicant to hearing at Committee's 66th meeting | From the secretariat | 06.02.2020 |
| Email inviting parties' views on holding hearing virtually due to COVID-19 | From the secretariat | 08.06.2020 |
| Reply regarding holding hearing virtually due to COVID-19 | From the communicant | 14.06.2020 |
| Reply regarding holding hearing virtually due to COVID-19 | From the Party concerned | 19.06.2020 |
| Email with reasons for reply regarding holding hearing virtually due to COVID-19 | From the Party concerned | 29.06.2020 |
| Email regarding postponement of hearing | From the secretariat | 30.06.2020 |
| Letter to parties seeking their views on whether a hearing is needed | From the secretariat | 07.10.2020 |
| Reply as to need for a hearing | From the communicant | 21.10.2020 |
| Letter inviting Party concerned and communicant to hearing at the Committee’s 68th meeting | From the secretariat | 08.11.2020 |
| Email enclosing final submission ITA/ENG | From the communicant | 20.11.2020 |
| Email enclosing Letter | From the Party concerned | 20.11.2020 |
| Letter to the Party concerned regarding hearing at the 68th meeting | From the secretariat | 20.11.2020 |
| Letter to the Party concerned and the communicant enclosing questions from the Committee | From the secretariat | 04.12.2020 |
| Reply to questions ENG ITA Annex 1: Circular of the Italian Secretariat of Administrative Justice dated 03.08.2018 ENG ITA Annex 2: (a) Tariff tables for administrative proceedings (Regional Administrative Court) ENG/ITA Annex 2: (b) Tariff tables for administrative proceedings (Council of State) ENG/ITA Annex 3: Order of the Regional Administrative Court of Trentino Alto Adige dated 20.10.2020 ENG ITA Annex 4: Order of the Regional Administrative Court of Liguria dated 03.09.2020 ENG ITA Annex 5: Order of the Council of State dated 14.08.2017 ENG ITA Annex 6: Order of the Regional Administrative Court of Tuscany dated 12.12.2019 ENG ITA Annex 7: Order of the Supreme Court of Cassation dated 05.02.2020 ENG ITA Annex 8: Order of the Regional Administrative Court of Tuscany dated 03.01.2011 ENG ITA Annex 9: Order of the Constitutional Court dated 01.06.2016 ENG ITA |
From the communicant | 18.12.2020 |
| Reply to questions | From the Party concerned | 18.12.2020 |
| Letter enclosing questions from the Committee to the Party concerned and the communicant | From the secretariat | 20.01.2021 |
| Reply to Committee’s questions of 20.01.2021 Annex 1: Council of State, judgment no. 1619, 22 February 2018 ENG Annex 2: Constitutional Court, judgment no. 77, 19 April 2018 ENG Annex 3: Administrative Court Marche, judgment no. 118, 2 December 2016 ENG Annex 4: Administrative Court Calabria, judgment no. 1967, 13 October 2016 ENG Annex 5: Ministerial Decree no. 55/2014 (excerpt) ENG Annex 6: Supreme Court of Cassation, judgment no. 1754/2013 ENG |
From the communicant | 02.02.2021 (dated 01.02.2021) |
| Reply to Committee’s questions | From the Party concerned | 04.02.2021 |
| Comments on Party concerned’s reply to the Committee’s questions dated 20.01.2021 ENG ITA | From the communicant | 10.03.2021 (dated 08.03.2021) |
| Draft findings and letters to the Party concerned and communicant inviting their comments | From the secretariat | 21.04.2021 |
| Comments on draft findings | From the communicant | 02.06.2021 (dated 01.06.2021) |
| From the Party concerned | 30.06.2021 | |
| Findings ENG FRE RUS | 06.07.2021 |