Постановление Европейского суда по правам человека от 29.07.2010 <Дело Галина Кузнецова (Galina Kuznetsova) против России» [англ.]

ble, and rejects the remainder of the claim under this head.

B. Costs and expenses

27. The applicant also claimed RUB 443.63 for the costs and expenses incurred before the Court. She produced the postal receipts for mailing correspondence to the Court. The Government submitted that the applicant's costs and expenses related to the domestic proceedings concerning the non-enforcement complaint had been compensated to the applicant pursuant to the judgment of 4 February 2003, and there was no reason to grant the amount claimed twice.
28. 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 were reasonable as to quantum. Turning to the present application, the Court notes that the sum claimed under this head represented the applicant's expenses related to her correspondence with the Court, which had not been covered by the domestic award referred to by the Government. Regard being had to the documents in its possession and the above criteria, the Court allows the applicant's claim and awards her EUR 13 in respect of costs and expenses, plus any tax that may be chargeable.

C. Default interest

29. 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 non-enforcement of the judgments of 12 February 2001 and 26 February 2003 admissible and the remainder of the application inadmissible;
2. Holds that there has been a violation of Article 6 of the Convention and Article 1 of Protocol No. 1 on account of non-enforcement of the judgments of 12 February 2001 and 26 February 2003;
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, plus any tax that may be chargeable, to be converted into Russian roubles at the rate applicable at the date of settlement:
(i) EUR 1,448 (one thousand four hundred and forty-eight euros) in respect of pecuniary damage;
(ii) EUR 1,400 (one thousand four hundred euros) in respect of non-pecuniary damage;
(iii) EUR 13 (thirteen euros) in respect of costs and expenses;
(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 29 July 2010, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Soren} NIELSEN
Registrar






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