Постановление Европейского суда по правам человека от 08.04.2010 «Дело Сизинцева и другие (Sizintseva and others) против России» [англ.]

IMOUSLY

1. Decides to join the applications;
2. Declares the complaint under Article 6 of the Convention and Article 1 of Protocol No. 1 concerning the non-enforcement and quashing of the judgments in the applicants' favour on 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 of Article 1 of Protocol No. 1 in all cases on account of the quashing of the judgments in the applicants' favour by way of supervisory review;
4. Holds, in respect of the applications by Mr Titov, Mrs Gladkova, Mrs V. Plotnikova and Mrs I. Plotnikova, that there has been a violation of Article 6 of the Convention and Article 1 of Protocol No. 1 to the Convention on account of non-enforcement of the judgments in their favour;
5. Holds that there is no need to examine the non-enforcement complaint by Mrs Sizintseva under Article 6 of the Convention and Article 1 of Protocol No. 1 on account of non-enforcement of the judgment of 4 August 2003;
6. Holds
(a) in respect of all applications, 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 to the applicants, to be converted into Russian roubles at the rate applicable at the date of the settlement:
(i) in respect of pecuniary damage:
EUR 3,804 (three thousand eight hundred and four euros) to N. Sizintseva;
EUR 3,398 (three thousand three hundred and ninety eight euros) to S. Titov;
EUR 3,007 (three thousand and seven euros) to R. Gladkova;
EUR 3,328 (three thousand three hundred and twenty-eight euros) to V. Plotnikova;
EUR 3,354 (three thousand three hundred and fifty four euros) to I. Plotnikova;
(ii) EUR 3,000 (three thousand euros) to each applicant in respect of non-pecuniary damage;
(iii) EUR 99 (ninety-nine euros) to N. Sizintseva 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;
7. Dismisses the remainder of the applicants' claim for just satisfaction.

Done in English, and notified in writing on 8 April 2010, 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 ¦ FINAL ON ¦ AWARD ¦QUASHING ON¦
¦NUMBER, DATE¦NAME AND YEAR ¦ THE ¦ ¦ (RUB) ¦SUPERVISORY¦
¦ OF LODGING ¦ OF BIRTH ¦ APPLICANT'S ¦ ¦ ¦ REVIEW ¦
¦ ¦ ¦FAVOUR (DATE,¦ ¦ ¦ (DATE) ¦
¦ ¦ ¦ COURT) ¦ ¦ ¦ ¦
+------------+--------------+-------------+-----------+-------+-----------+
¦38585/04, ¦Sizintseva ¦4 August ¦The same ¦127,825¦27 May 2004¦
¦07/10/2004 ¦Nadezhda ¦2003, the ¦date ¦ ¦ ¦
¦ ¦Petrovna ¦Supreme Court¦ ¦ ¦ ¦
¦ ¦(1949) ¦of the Sakha ¦ ¦ ¦ ¦
¦ ¦ ¦(Yakutiya) ¦ ¦ ¦ ¦
¦ ¦ ¦Republic ¦ ¦ ¦ ¦


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