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Постановление Европейского суда по правам человека от 26.11.2009 "Дело "Зайцева (Zaytseva) против Российской Федерации" [рус., англ.]





ial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party."

A. Damage

28. The applicant claimed 7,700 euros (EUR) in respect of pecuniary damage, which represented a monetary compensation for her disability allegedly resulting from a job-related injury, and EUR 10,000 in respect of non-pecuniary damage.
29. The Government considered the applicant's claims excessive and unreasonable. They further submitted that the applicant had failed to substantiate her claims and that there was no causal link between the damage claimed and the subject matter of the case. Lastly, they opined that the finding of a violation would constitute sufficient just satisfaction.
30. The Court does not discern any causal link between the violation found and the pecuniary damage alleged; it therefore rejects this claim. On the other hand, the Court considers that the applicant suffered non-pecuniary damage which would not be adequately compensated by the finding of a violation alone. However, the amount claimed by the applicant appears to be excessive. Making its assessment on an equitable basis, the Court awards the applicant EUR 1,000 in respect of non-pecuniary damage, plus any tax that may be chargeable on that amount.

B. Costs and expenses

31. The applicant also claimed EUR 800 for costs and expenses incurred before the Court. She provided the Court with a statement from her representative confirming that a payment of 30,000 Russian roubles had been made by the applicant to him.
32. The Government considered her claims unsubstantiated.
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 are reasonable as to quantum. In the present case, regard being had to the information in its possession and the above criteria, the Court considers it reasonable to award the sum of EUR 800 for the costs and expenses incurred by the applicant in the proceedings before the Court.

C. Default interest

34. 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 the domestic authorities' failure to apprise the applicant of the appeal hearing admissible and the remainder of the application inadmissible;
2. Holds that there has been a violation of Article 6 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, the following amounts, to be converted into Russian roubles at the rate applicable at the date of settlement:
(i) EUR 1,000 (one thousand euros) in respect of non-pecuniary damage, plus any tax that may be chargeable;
(ii) EUR 800 (eight hundred euros) in respect of costs and expenses, plus any tax that may be chargeable to the applicant;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts 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 26 November 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Soren} NIELSEN
Registrar




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