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Постановление Европейского суда по правам человека от 25.02.2010 «Дело Куприны (Kupriny) против России» [англ.]





absence of an effective domestic remedy in this respect. However, the amounts claimed appear to be excessive. Ruling on an equitable basis, the Court awards the applicants jointly 2,800 euros under that head, plus any tax that may be chargeable on that amount.

B. Costs and expenses

60. The applicants claimed RUB 54,650 for the costs and expenses incurred before the domestic courts and before the Court. They did not submit any receipts in respect of those claims.
61. The Government contested those claims.
62. 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. The Court observes that the applicants had not provided any receipts in respect of their claims. Therefore, their claims under that head should be rejected.

C. Default interest

63. 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 applicants' complaint about the length of the civil proceedings which ended on 15 December 2005 as well as the complaint under Article 13 admissible and the remainder of the application inadmissible;
2. Holds that there has been a violation of Article 6 of the Convention in respect of the unreasonable length of the civil proceedings which ended on 15 December 2005;
3. Holds that there has been a violation of Article 13 of the Convention on account of absence of an effective remedy against the unreasonable length of civil proceedings;
4. Holds
(a) that the respondent State is to pay to the applicants jointly, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, EUR 2,800 (two thousand eight hundred euros), plus any tax that may be chargeable on that amount, in respect of non-pecuniary damage, to be converted into Russian roubles at the rate applicable at the date of settlement;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
5. Dismisses the remainder of the applicants' claim for just satisfaction.

Done in English, and notified in writing on 25 February 2010, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Nina {VAJIC}
President

{Soren} NIELSEN
Registrar






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