Постановление Европейского суда по правам человека от 07.10.2010 «Дело Константин Маркин (Konstantin Markin) против России» [англ.]

nel as far as their entitlement to parental leave is concerned.

V. Application of Article 41 of the Convention

68. Article 41 of the Convention provides:
"If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party."

A. Damage

69. The applicant claimed 400,000 euros (EUR) in respect of non-pecuniary damage. In respect of pecuniary damage, he claimed 59,855.12 Russian roubles (RUB) representing the bonuses he would have received if he had not been subjected to disciplinary sanctions for his absence during his parental leave.
70. The Government submitted that the claims were excessive. Given that the applicant had ultimately been granted parental leave and received financial aid, the finding of a violation would constitute sufficient just satisfaction. They further argued that there was no causal link between the violation found and the pecuniary damage alleged.
71. The Court observes that the applicant did not submit any documents to substantiate his claim for pecuniary damage. It therefore rejects that claim.
72. As regards non-pecuniary damage, the Court notes that the applicant was allowed, on an exceptional basis, to take parental leave and received financial aid from the domestic authorities. In these circumstances, the Court considers that the finding of a violation constitutes in itself sufficient just satisfaction for any non-pecuniary damage sustained by the applicant.

B. Costs and expenses

73. The applicant also claimed RUB 46,169.93 for the costs and expenses incurred before the domestic courts and the Court, including postal expenses, translation costs, stationery and travel expenses. He submitted vouchers and receipts to confirm his claim.
74. The Government agreed to pay stationery, postal and translation expenses. They submitted that the remaining costs had not been directly connected with the present application.
75. According to the Court's case-law, an applicant is entitled to reimbursement of his costs and expenses in so far as it has been shown that these have been actually and necessarily incurred and are reasonable as to quantum. In the present case, regard being had to the documents in its possession and the above criteria, the Court considers it reasonable to award the sum of EUR 200, plus any tax that may be chargeable to the applicant on that amount.

C. Default interest

76. The Court considers it appropriate that the default interest should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.

FOR THESE REASONS, THE COURT

1. Declares unanimously the complaint concerning the alleged discrimination in the exercise of the right to respect for family life admissible and the remainder of the application inadmissible;
2. Holds by six votes to one that there has been a violation of Article 14 of the Convention in conjunction with Article 8 of the Convention;
3. Holds by six votes to one that the finding of a violation constitutes in itself sufficient just satisfaction for any non-pecuniary damage sustained by the applicant;
4. Holds by six votes to one
(a) that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, EUR 200 (two hundred euros), plus any tax that may be chargeable to the applicant, in respect of costs and expenses, to be converted into Russian roubles at the rate applicable at the date of settlem

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