Tokens: We
believe
that
it
was
a
mistake
to
hold
that
Article
7
was
applicable
to
confiscation
orders
as
provided
for
in
the
Italian
legislation
on
site
development[248
]
.
For
the
reasons
explained
below
,
we
believe
that
such
confiscation
measures
do
not
constitute
a
“
penalty
”
.
While
the
domestic
courts
drew
conclusions
from
the
Court
’s
holding
in
Sud
Fondi
,
the
Government
explicitly
invited
the
Court
to
overrule
that
decision
.
In
our
opinion
,
it
would
have
been
better
to
take
a
step
back
and
to
allow
the
confiscation
measures
to
keep
their
essential
features
,
which
we
do
not
consider
to
be
incompatible
as
such
with
the
Convention
.
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