Постановление Европейского суда по правам человека от 23.07.2009 «Дело Марковцы и Селиванов (Markovtsi and Selivanov) против России» [англ.]

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 5 in respect of costs and expenses.

2. The second applicant

46. The second applicant claimed reimbursement of costs and expenses without specifying the amount and or submitting any evidence in support of the claim. The Government argued that the claim was unsubstantiated.
47. The Court points out that under Rule 60 of the Rules of Court any claim for just satisfaction must be itemised and submitted in writing together with the relevant supporting documents or vouchers, "failing which the Chamber may reject the claim in whole or in part". The applicant did not submit a detailed claim in respect of costs and expenses. Accordingly, the Court makes no award under this head.

C. Default interest

48. 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. Decides to join the applications;
2. Declares the complaints concerning non-enforcement and supervisory review admissible and the remainder of the applications inadmissible;
3. Holds that there has been a violation of Article 6 of the Convention and Article 1 of Protocol No. 1 in each case on account of non-enforcement and quashing by way of supervisory review;
4. Holds in respect of all applications,
(a) that the respondent State is to pay the applicants, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the following sums plus any tax that may be chargeable on these amounts, to be converted into Russian roubles at the rate applicable at the date of the settlement:
(i) in respect of pecuniary damage:
EUR 3,978 (three thousand nine hundred and seventy-eight euros) to Mr Markovtsi;
EUR 1,460 (one thousand four hundred and sixty euros) to Mr Selivanov;
(ii) in respect of non-pecuniary damage:
EUR 3,000 (three thousand euros) to Mr Markovtsi;
EUR 3,000 (three thousand euros) to Mr Selivanov;
(iii) in respect of costs and expenses, EUR 5 (five euros) to Mr Markovtsi;
(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;
5. Dismisses the remainder of the applicants' claims for just satisfaction.

Done in English, and notified in writing on 23 July 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Soren} NIELSEN
Registrar

Appendix

------------T--------------T---------------T---------T----------T-----------¬
¦application¦ applicant's ¦judgment in the¦ Award ¦ award ¦quashing on¦
¦ number, ¦ name ¦ applicant's ¦upheld on¦ (rub) ¦supervisory¦
¦ date of ¦ ¦ favour (date, ¦ appeal ¦ ¦ review ¦
¦ lodging ¦ ¦ court) ¦ (date) ¦ ¦ (date) ¦
+-----------+--------------+---------------+---------+----------+-----------+
¦756/05 ¦Markovtsi ¦18 March 2003, ¦23 April ¦102,056.00¦14 October ¦
¦6 December ¦Aleksandr ¦the Ust-Yanskiy¦2003 ¦ ¦2004 ¦
¦2004 ¦Aleksandrovich¦District Court ¦ ¦ ¦ ¦
+-----

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