Постановление Европейского суда по правам человека от 29.01.2009 «Дело Ленская (Lenskaya) против России» [англ.]

loyed and the aim sought to be realised by any measure depriving a person of his possessions (see Pressos Compania Naviera S.A. and Others, cited above, p. 23, § 38).
(b) Application to the present case
46. Turning to the facts of the present case, the Court observes that by virtue of the judgment of 15 July 2002, as amended on 12 September 2002, the applicant's former husband was to pay her a certain sum of money in compensation for damage caused as the result of the assault. By operation of law and as pronounced by the judgments of 15 July and 12 September 2002 the payment of the compensation was conditional on the former husband's conviction of the assault. Following the quashing of the judgments and the acquittal of the former husband, the applicant's claim in respect of the money awarded under those judgments ceased to exist.
47. Having regard to the Court's findings under Article 6 of the Convention, the Court concludes that the special circumstances of the present case can be regarded as exceptional grounds justifying the quashing of the judgments of 5 July and 12 September 2002 and the dismissal of the applicant's claim for compensation.
48. The Court therefore considers that the quashing in the present case did not amount to an unjustified interference with her property rights as guaranteed by Article 1 of Protocol No. 1. There has, therefore, been no violation of that Convention provision.

FOR THESE REASONS, THE COURT UNANIMOUSLY

1. Holds that there has been no violation of Article 6 § 1 of the Convention;
2. Holds that there has been no violation of Article 1 of Protocol No. 1.

Done in English, and notified in writing on 29 January 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Soren} NIELSEN
Registrar

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