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Постановление Европейского суда по правам человека от 04.03.2010 «Дело Андреев (Andreyev) против России» [англ.]





Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party."

A. Damage

23. The applicant claimed 52,000 Russian roubles (RUB) in respect of pecuniary damage (RUB 42,322.49 paid in accordance with the Presidium decision, plus relevant expenses and inflation losses). He also claimed 1,500 euros (EUR) in respect of non-pecuniary damage.
24. The Government noted that no satisfaction should be awarded since the applicant's rights were not violated and he had failed to substantiate his allegedly excessive and unreasonable claims.
25. The Court reiterates that in general the most appropriate form of redress in respect of violations found is to put applicants as far as possible in the position they would have been in if the Convention requirements had not been disregarded (see, amongst other authorities, Piersack v. Belgium (Article 50), 26 October 1984, § 12, Series A No. 85, and Dovguchits v. Russia, No. 2999/03, § 48, 7 June 2007).
26. The Court observes that in the present case the applicant was eventually forced to pay an amount of RUB 42,322.49 contrary to a final judgment in his favour which had relieved him of any payment obligation. There is therefore a causal link between the quashing of the final judgment and the pecuniary loss claimed by the applicant.
27. As to the claim for the inflation losses, on which the applicant submitted a detailed calculation, the Government made no comment in respect of the methods used by the applicant for that calculation. Nor have the Government provided the Court with any alternative one. Therefore the Court accepts the applicants' calculation in respect of the inflation losses.
28. The Court therefore awards the applicant the sum claimed (EUR 1,470), plus any tax that may be chargeable.
29. The Court furthermore finds that the applicant has suffered non-pecuniary damage as a result of the violation found which cannot be compensated by the mere finding of a violation. Having regard to the circumstances of the cases and making its assessment on an equitable basis, the Court awards the applicant the sum of EUR 1,500 in respect of non-pecuniary damage, plus any tax that may be chargeable on that amount.

B. Costs and expenses

30. The applicants also claimed RUB 5,000 for the costs and expenses incurred.
31. The Government asserted that the applicant had failed to substantiate the claims.
32. 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. In the present case, regard being had to the documents in its possession and the above criteria, the Court considers it reasonable to grant the applicant's claim in full and to award him the sum of EUR 142.

C. Default interest

33. 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 application admissible;
2. Holds that there has been a violation of Article 6 of the Convention and of Article 1 of Protocol No. 1 in respect of the quashing of the final appeal judgment in the applicant's favour via supervisory review;
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, to be converted int



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