ABSTRACT

On 2 April 1982 the District Court of Fermo made an insolvency order in respect of the company set up by Mr Umberto Ceteroni and his parents and also declared them personally bankrupt. On 8 and 15 June 1983 respectively, Mr A and the LM company, claiming to be creditors of the bankrupts, instituted separate proceedings before the Fermo bankruptcy judge. The judge set down hearings to enter appearances on 26 October and 9 November 1983 respectively. On the latter date the liquidator applied to the judge for leave to join the second proceedings. His application was allowed on 3 February 1987. In the preliminary stages 15 hearings were held in one case and 16 in the other; almost all adjourned at the request of the parties or by the judge of his own motion. The proceedings were stayed sine die because the judge had been transferred to another post and were reopened on 25 March and 7 February 1994. On 30 May 1994 the Fermo District Court struck the first case out of its list because the parties had failed to appear. The second case was heard on 11 March 1994 when the Fermo District Court allowed the company’s application. The text of the judgment was deposited at the registry on 7 April 1994. The applicant complained, inter alia, of the length of proceedings. Comm found unanimously V 6(1), not necessary to examine 8 or P4A2(1).