Постановление Европейского суда по правам человека от 01.04.2010 «Дело Маргушин (Margushin) против России» [англ.]

settlement had been approved had become final, and thus the [town] court correctly discontinued the enforcement proceedings because the friendly settlement had been approved. The complaints that the court judgment [of 28 March 2001] had to be enforced cannot be taken into account because after the friendly settlement had been adopted, the obligation to enforce the judgment was changed into new obligations according to the provisions of the friendly settlement. As follows from the ARKO's letter, when Mr Margushin presents a copy of the court judgment [of 28 March 2001], the necessary changes will be made to the list of the claims of the Bank's creditors and the debt will be repaid according to the established procedure."
25. On an unspecified date the applicant requested the Bank to pay him the judgment debt. On 12 May 2003 the chief accountant of the Bank informed the applicant that the Bank was under no obligation to repay him the requested amount, given that the applicant had recovered the original deposit through the Sberbank.

THE LAW

I. Alleged violation of Article 6
of the Convention and Article 1 of Protocol No. 1 on account
of non-enforcement of the judgment of 28 March 2001
as upheld on 21 August 2001

26. The applicant complained that the judgment of 28 March 2001, as upheld on appeal on 22 August 2001, had not been enforced and the enforcement proceedings were discontinued in contravention of Article 6 of the Convention and Article 1 of Protocol No. 1, the relevant parts of which read as follows:
Article 6 § 1
"In the determination of his civil rights and obligations..., everyone is entitled to a fair... hearing within a reasonable time... by [a]... tribunal..."
Article 1 of Protocol No. 1
"Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law..."
27. The Government considered that the applicant's complaints were incompatible ratione personae. In this respect they noted that the onus of the applicant's grievances concerned the Bank's refusal to enforce the judgment in the applicant's favour. However, the State bore no responsibility for acts and omissions of a commercial bank. They further asserted that the applicant's complaint was, in any event, manifestly ill-founded. They conceded that pursuant to the judgment of 28 March 2001 the applicant was entitled to receive the interest and late payment fees from the Bank. However, the Bank was relieved from the obligation to repay the interest in respect of its creditors' deposits pursuant to the friendly settlement agreement entered into, inter alia, by the Bank and the creditors. The said friendly settlement agreement, as a matter of law, was binding on all creditors of the Bank, including the applicant.
28. The applicant maintained his complaint.

A. Admissibility

29. As to the Government's objection that the applicant's complaint is incompatible ratione personae with the Convention provisions, it being directed against a commercial bank which refused to honour the judgment debt, the Court cannot subscribe to such a narrow interpretation of the applicant's allegations. It notes that the applicant's grievances concern non-enforcement of the judgment in his favour, which covered not only the Bank's refusal to repay the judgment debt but also the discontinuation of the enforcement proceedings by domestic courts.
While it is true and not disputed by the applicant that the debtor under the said judgment was indeed a private legal entity, this fact alone is insufficient to absolve the State from r



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