Постановление Европейского суда по правам человека от 08.10.2009 "Дело "Романенко и другие (Romanenko and others) против Российской Федерации" [рус., англ.]

; judgments.
53. The Government accepted that the applicants' claims were reasonable in so far as those expenses had actually been incurred.
54. The Court finds that there is a causal link between the violation found and the alleged pecuniary damage in so far as the applicants referred to the amounts which they had paid under the domestic judgments. Consequently, the Court awards each applicant EUR 860 in respect of the pecuniary damage, plus any tax that may be chargeable on that amount.

B. Non-pecuniary damage

55. The applicant Mr Trubitsyn claimed EUR 3,000 and the applicants Ms Romanenko and Ms Grebneva each claimed EUR 1,000 as compensation in respect of non-pecuniary damage. They referred to the awards made by the Court in comparable cases.
56. The Government submitted that the amounts claimed were excessive.
57. The Court considers that the applicants have suffered non-pecuniary damage as a result of the domestic judgments which were incompatible with the Convention principles. The damage cannot be sufficiently compensated for by the finding of a violation. The Court considers, however, that the specific amount claimed by the first applicant is excessive. Making its assessment on an equitable basis, the Court awards each applicant EUR 1,000 plus any tax that may be chargeable on that amount.

C. Costs and expenses

58. The applicants claimed EUR 1,400 for twenty-eight hours of work carried out by their representatives in the Strasbourg proceedings at the hourly rate of EUR 50. They submitted a time-sheet.
59. The Government alleged that the representatives might have acted in their own interest when presenting the case, that the hourly rate had been excessive, and that the participation of two counsel had not been necessary. In any event, there was no evidence that the applicants had actually incurred any legal expenses.
60. 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 were reasonable as to quantum. Examining the documents submitted by the applicants, the Court is satisfied that the hourly rate and the number of hours spent were reasonable as to quantum and awards the applicants jointly the entire amount they claimed in respect of costs and expenses, namely EUR 1,400, plus any tax that may be chargeable to the applicants on that amount.

D. Default interest

61. 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. Holds that there has been a violation of Article 10 of the Convention;
2. Holds
(a) that the respondent State is to pay, 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 860 (eight hundred and sixty euros) to each applicant in respect of pecuniary damage, plus any tax that may be chargeable on that amount;
(ii) EUR 1,000 (one thousand euros) to each applicant in respect of non-pecuniary damage, plus any tax that may be chargeable on that amount;
(iii) EUR 1,400 (one thousand four hundred euros) to the applicants jointly in respect of costs and expenses, plus any tax that may be chargeable to the applicants on that amount;
(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 Cen

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