FIRST SECTION
CASE OF ROMANI AND CANCELLI v. ITALY
(Applications nos. 54213/19 and 61041/19)
 
 
 
 
 
 
JUDGMENT
 
STRASBOURG
7 May 2026
This judgment is final but it may be subject to editorial revision. In the case of Romani and Cancelli v. Italy,
The European Court of Human Rights (First Section), sitting as a Committee composed of:
 Erik Wennerström, President,
 Raffaele Sabato,
 Artūrs Kučs, judges,
and Liv Tigerstedt, Deputy Section Registrar,
Having regard to:
the applications (nos. 54213/19 and 61041/19) against the Italian Republic lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by the applicants listed in the appended table (“the applicants”), on the various dates indicated therein;
the decision to give notice of the complaint concerning Article 2 of the Convention in its procedural limb to the Italian Government (“the Government”), represented by their Agent, Mr L. D’Ascia, and to declare the remainder of the applications inadmissible;
the parties’ observations;
Having deliberated in private on 2 April 2026,
Delivers the following judgment, which was adopted on that date:
SUBJECT MATTER OF THE CASE
1. The present case concerns the effectiveness and duration of civil proceedings concerning alleged medical negligence which resulted in the deaths of the applicants’ next of kin. 2. As regards application no. 54213/19, the applicants’ mother was hospitalised from 2 until 17 January 2004, and died on 18 January 2004. On 29 April 2005 the applicants brought a civil action against the hospital, seeking compensation for the damage resulting from their mother’s death, which had allegedly been caused by the negligence of the medical staff. The proceedings, which lasted a total of 14 years for three levels of jurisdiction, ended by a judgment of the Court of Cassation delivered on 15 April 2019. 3. As regards application no. 61041/19, the applicant’s daughter – who had been affected since birth by congenital heart problems – was hospitalised from 12 until 20 December 1999. On 29 December 1999 the hospital decided not to readmit her, and she died on the same day. On 18 January 2001 the applicant brought a civil action against the hospital, seeking compensation for the damage sustained on account of the alleged medical negligence in the treatment of his child. The proceedings ended by a judgment of the Court of Appeal of 14 May 2019, after the case had been remitted to that court by the Court of Cassation on 10 January 2017. The civil proceedings lasted a total of 16 years and 7 months for four levels of jurisdiction. 4. In parallel to the application submitted to the Court, the applicant in application no. 61041/19 sought and obtained 3,660 euros as compensation for the excessive length of the proceedings under Law no. 89 of 24 March 2001 (“the Pinto Act”). That compensation was awarded in 2020. 5. The applicants, relying on Articles 2 and 6 of the Convention, complained of the ineffectiveness and length of the domestic civil proceedings concerning the alleged medical negligence which had resulted in the deaths of their next of kin.

Article of the Convention at issue: Article 2
Outcome: violation