Danno da irragionevole durata del processo e contumacia

The A. analyses the hypothesis if a defendant who does not enter in appearance can claim damages for the violation of Art. 6 of the ECHR, which declares that everyone is entitled to a fair and public hearing within a reasonable time. The Italian Corte di cassazione considers that default does not represent a barrier for this opportunity, although damages could be reduced if the defendant had gained by the unreasonable time of the case. However the assumption of this solution is that there is an obligation between the defendant and State, so damages does not originate from a tort, but from a violation of a duty to performance.