Постановление Европейского суда по правам человека от 15.07.2010 <Дело Никитина (Nikitina) против России» [англ.]

the applicant RUB 3,030 that she should have received under the judgment of 22 July 2004.
29. As to the claim for the inflation losses, even though the applicant did not submit a detailed calculation of the amount, the Court considers it reasonable to grant her claim in full.
30. Accordingly, the Court awards EUR 100 under this head, plus any tax that may be chargeable.
31. The Court furthermore finds that the applicant has suffered non-pecuniary damage as a result of the violation found which cannot be compensated by the mere finding of a violation. The Court accepts that the applicant suffered not only from a delay in the payment of the monetary award, but also from the State's continuing failure to restore her good name by issuing a refutation. Moreover, according to the national courts' decisions she no longer has a right to enforcement of the judgment in her favour due to the liquidation of the respondent. Having regard to the circumstances of the case and making its assessment on an equitable basis, the Court awards the applicant the sum of EUR 3,000, plus any tax that may be chargeable on the amount.

B. Costs and expenses

32. The applicant also claimed reimbursement of the costs and expenses incurred in the proceedings before the Court. In particular, she claimed EUR 1,500 as remuneration for her representative in accordance with the contract of 19 September 2007. The Government contested this amount as unfounded.
33. According to the Court's case-law, an applicant is entitled to the reimbursement of costs and expenses only in so far as it has been shown that these have been actually and necessarily incurred and were reasonable as to quantum.
34. The Court notes that under the contract of 19 September 2007 the applicant agreed to pay her representative a fee amounting to EUR 1,500 for his representation before the Court, provided the representative duly performed his contractual obligations. The contract thus clearly stipulated that the applicant was to pay her representative EUR 1,500. The Court is satisfied that from the standpoint of the Convention these costs are real. The fact that the applicant was not required to pay the fee in advance does not affect this conclusion (see Tusashvili v. Russia, No. 20496/04, § 37, 15 December 2005).
35. 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 900, plus any tax that may be chargeable.

C. Default interest

36. 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 UNANIMOUSLY

1. Declares the complaint concerning non-enforcement of the judgment of 22 July 2004 admissible and the remainder of the application inadmissible;
2. Holds that there has been a violation of Articles 6 and 13 of the Convention and Article 1 of Protocol No. 1;
3. Holds
(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, the following amounts, to be converted into Russian roubles at the rate applicable at the date of settlement:
(i) EUR 100 (one hundred euros), plus any tax that may be chargeable, in respect of pecuniary damage;
(ii) EUR 3,000 (three thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage;
(iii) EUR 900 (nine hundred euros), plus any tax that may be chargeable to the applicant, in respect of costs and expenses;
(b) that from the expiry of the above-mentioned three months until settlement simple interest sh

> 1 ... 2 3 4 5