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Постановление Европейского суда по правам человека от 30.07.2009 "Дело "Светлана Орлова (Svetlana Orlova) против Российской Федерации" [рус., англ.]





estic courts to promptly refer the applicant's case to an independent and impartial court and repeated referrals of the case from one court to another resulted in significant delays in the examination of the applicant's case.
51. Regarding what was at stake for the applicant, the Court reiterates that an employee who considers that he or she has been wrongly suspended or dismissed by his or her employer has an important personal interest in securing a judicial decision on the lawfulness of that measure promptly, since employment disputes by their nature call for expeditious decision, in view of what is at stake for the person concerned, who through dismissal loses his or her means of subsistence (see Frydlender, cited above, § 45). The Court observes that in the present case the applicant was in a particularly vulnerable position, since she was dismissed while she was on maternity leave. The Court considers that those circumstances required a particular diligence on the part of the domestic courts in the examination of the applicant's claims against her employer.
52. In the light of the criteria laid down in its case-law, and having regard to all the circumstances of the case, the Court considers that in the instant case the length of the proceedings was excessive and failed to meet the reasonable time requirement. There has accordingly been a breach of Article 6 § 1 of the Convention.

II. Other alleged violations of the Convention

53. The applicant complained that domestic courts violated her rights under Article 4 of the Convention by dismissing her claims against her former employer on the ground that she had refused other positions offered to her. She further complained under Article 8 that her former employer had unlawfully collected information relating to her employment in different organisations. Finally, she complained under Article 14 that she was discriminated against on the ground of her status as a mother.
54. Having regard to all the material in its possession, and in so far as these complaints fall within its competence, the Court finds that they do not disclose any appearance of a violation of the rights and freedoms set out in the Convention or its Protocols. It follows that this part of the application must be rejected as being manifestly ill-founded, pursuant to Article 35 §§ 3 and 4 of the Convention.

III. Application of Article 41 of the Convention

55. Article 41 of the Convention provides:
"If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party."

A. Damage

56. The applicant claimed 200,000 euros (EUR) in respect of non-pecuniary damage.
57. The Government contested that claim.
58. The Court considers that the applicant must have sustained non-pecuniary damage as a result of the unreasonably long examination of her claims by domestic courts. However, the amount claimed appears to be excessive. Having regard to the nature of the proceedings in the present case and ruling on an equitable basis, it awards her EUR 2,100 under that head, plus any tax that may be chargeable on that amount.

B. Costs and expenses

59. The applicant did not make any claim for costs and expenses. Accordingly, the Court makes no award under this head.

C. Default interest

60. 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





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