Постановление Европейского суда по правам человека от 11.02.2010 "Дело "Вотинцева (Votintseva) против Российской Федерации" [рус., англ.]

A. Damage

27. The applicant claimed 3,000 euros (EUR) in respect of non-pecuniary damage.
28. The Government contested this claim.
29. As to pecuniary damage, the Court makes no award as there was no relevant claim made by the applicant.
30. As to non-pecuniary damage, the Court considers that the applicant must have suffered distress and frustration resulting from the quashing of the final and binding judgments in her favour. Making its assessment on an equitable basis, the Court grants the applicant's claim and awards her EUR 3,000 in respect of non-pecuniary damage, plus any tax that may be chargeable.

B. Costs and expenses

31. The applicant made no claims under this head. Accordingly, the Court will make no award under this head.

C. Default interest

32. 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 in respect of the quashing by way of supervisory review of the final judgments in the applicant's favour;
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, EUR 3,000 (three thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage, to be converted into Russian roubles at the rate applicable at the date of settlement;
(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;
4. Dismisses the remainder of the applicant's claim for just satisfaction.

Done in English, and notified in writing on 11 February 2010, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Soren} NIELSEN
Registrar






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