Постановление Европейского суда по правам человека от 22.12.2009 "Дело "Безымянная (Bezymyannaya) против Российской Федерации" [рус., англ.]

incurred and are reasonable as to quantum. In the present case, the applicant did not produce any document justifying her claim (copies of contracts with lawyers, invoices, payment certificates, and so on.). The Court is unable to determine whether the expenses claimed by the applicant were, in fact, incurred in the amount she claimed and it therefore makes no award under this head.

C. Default interest

43. 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 a denial of access to a court admissible and the remainder of the application inadmissible;
2. Holds that there has been a violation of Article 6 § 1 of the Convention;
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, EUR 2,000 (two thousand euros) in respect of non-pecuniary damage, to be converted into Russian roubles at the rate applicable at the date of the settlement, plus any tax that may be chargeable;
(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;
4. Dismisses the remainder of the applicant's claim for just satisfaction.

Done in English, and notified in writing on 22 December 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Nina {VAJIC}
President

{Soren} NIELSEN
Registrar






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