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

onsidered the applicant's claim for the third time, on 28 March 2001 the Town Court took into account the Bank's representative's statement that the applicant had agreed for his monies to be transferred to another bank and accordingly had forfeited his rights to claim the interest, but granted the applicant's claim in part (see paragraph 19 of the judgment). It seems that the main problem is the value of the award, but on many occasions the Court has stated that a national judge is better placed than an international judge to decide on such matters.
Thus, I am not convinced that the application for discontinuation of the enforcement of the judgment in the applicant's favour was "an appeal in disguise" as the Court stated (see paragraph 35).






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