Постановление Европейского суда по правам человека от 22.12.2009 «Дело Талышева (Talysheva) против России» [англ.]

der v. France [GC], No. 30979/96, § 43, ECHR 2000-VII). The dispute at issue was somewhat complex. The applicant repeatedly defaulted in attendance (see paragraph 15). No significant delays can be attributed solely to the State. The applicant's right to a plot of land was at stake. Regard being had to all the circumstances of the case, the Court considers that the "reasonable time" requirement has been complied with.
33. Finally, the complaints about the courts' bias and procrastination in other proceedings are unsubstantiated, especially taking into account the strong presumption of impartiality of judges (see, for example, Le Compte, Van Leuven and De Meyere v. Belgium, 23 June 1981, § 58, Series A No. 43).
34. Therefore the Court finds that these complaints do not disclose any appearance of a violation of the rights and freedoms set out in the Convention or its Protocols. It follows that this part of the application is manifestly ill-founded and must be declared inadmissible in accordance with Article 35 §§ 1, 3 and 4 of the Convention.

III. Application of Article 41 of the Convention

35. Article 41 of the Convention provides:
"If the Court finds that there has been a violation of the 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

36. The applicant claimed 30,000 euros (EUR) in respect of non-pecuniary damage.
37. The Government contested this claim.
38. As to pecuniary damage, the Court makes no award as there was no relevant claim made by the applicant.
39. 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. However, the amount claimed appears excessive. Making its assessment on an equitable basis, the Court awards the applicant EUR 3,000 in respect of non-pecuniary damage, plus any tax that may be chargeable.

B. Costs and expenses

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

C. Default interest

41. 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 complaints concerning the supervisory review proceedings admissible and the remainder of the application inadmissible;
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 by way of supervisory review of the final judgments in the applicant's favour;
3. Holds that there is no need to examine the complaints under Article 6 of the Convention concerning the alleged violations of the applicant's procedural rights in the supervisory review proceedings;
4. 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;
5. Dismi



> 1 ... 2 3 4 5

	Поделиться:	Tweet