Постановление Европейского суда по правам человека от 20.05.2010 «Дело Ларин (Larin) против России» [англ.]

cerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party."

A. Damage

58. The applicant maintained that he had lost his case because he had not been present at the court. Had he been present, the court would have ruled in his favour, and the car would have remained his property. He therefore claimed 350 euros (EUR), the price of the car, under the head of pecuniary damage.
59. Furthermore, the applicant claimed EUR 5,000 in respect of non-pecuniary damage.
60. The Government submitted that there had been no violation of the applicant's rights as set out in the Convention. In any event, they considered the applicant's claims excessive and unsubstantiated and suggested that the acknowledgment of a violation would constitute adequate just satisfaction.
61. The Court considers that, on the basis of the materials in its possession, the applicant suffered no material loss as a direct consequence of the violation of Article 6 § 1 of the Convention found by the Court in this case. As a result, no award for pecuniary damage should be made.
62. The Court considers at the same time that the applicant must have suffered frustration and a feeling of injustice as a consequence of the court's refusal to secure his attendance at the hearing. It considers that the non-pecuniary damage suffered by the applicant cannot be adequately compensated by the finding of a violation alone. Accordingly, making its assessment on an equitable basis, it awards the applicant EUR 500, plus any tax that may be chargeable on that amount.

B. Default interest

63. 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 6 § 1 of the Convention;
2. Holds
(a) that the respondent State is to pay the applicant, within three months of the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, EUR 500 (five hundred euros) in respect of non-pecuniary damage, to be converted into Russian Roubles at the rate applicable on the date of settlement, plus any tax that may be chargeable;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
3. Dismisses the remainder of the applicant's claim for just satisfaction.

Christos ROZAKIS
President

{Soren} NIELSEN
Registrar






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