Постановление Европейского суда по правам человека от 26.11.2009 "Дело "Боцкалев и Ростовская (Botskalev and Rostovskaya) против Российской Федерации" и 42 других дела "пенсионеров-льготников" [рус., англ.]

n respect of non-pecuniary damage, the applicants claimed from EUR 2,000 to EUR 10,000. The Government contested this claim as ill-founded.
20. In respect of costs and expenses incurred before the Court, the applicants claimed sums ranging from EUR 5 to EUR 1,640. The Government noted that any possible award should cover only proven expenses.
21. The Court reiterates that it is an international judicial authority contingent on the consent of the States signatory to the Convention, and that its principal task is to secure the respect for human rights, rather than compensate applicants' losses minutely and exhaustively. Unlike in national jurisdictions, the emphasis of the Court's activity is on passing public judgments that set human-rights standards across Europe.
22. For this reason, in cases involving many similarly situated victims a unified approach may be called for. This approach will ensure that the applicants remain aggregated since no disparity in the level of the awards will have a divisive effect on them.
23. In view of the above, making its assessment on equitable and reasonable bases, the Court awards each applicant EUR 2,000 in respect of non-pecuniary damage, and costs and expenses.

B. Default interest

24. 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. Decides to join the applications;
2. Declares the applications admissible;
3. Holds that there has been a violation of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1;
4. Holds
(a) that the respondent State is to pay each applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, EUR 2,000 (two thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage, and costs and expenses, 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 amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
5. Dismisses the remainder of the applicants' claims for just satisfaction.

Done in English, and notified in writing on 26 November 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Soren} NIELSEN
Registrar





Annex

------------T----------T------------------T----T--------T--------T--------¬
¦Application¦Introduced¦ Applicant ¦Born¦Judgment¦Binding ¦ Quashed¦
¦ No. ¦ on ¦ ¦ in ¦ of ¦ on ¦ on ¦
+-----------+----------+------------------+----+--------+--------+--------+
¦ 22666/08¦ 03/05/08¦Botskalev Oleg ¦1947¦06/06/06¦04/08/06¦06/11/07¦
¦ ¦ ¦Alekseyevich ¦ ¦ ¦ ¦ ¦
¦ ¦ ¦Rostovskaya Olga ¦1951¦06/06/06¦04/08/06¦06/11/07¦
¦ ¦ ¦Petrovna ¦ ¦ ¦ ¦ ¦
+-----------+----------+------------------+----+--------+--------+--------+
¦ 22673/08¦ 03/05/08¦Izotova Valentina ¦1947¦16/06/06¦27/06/06¦09/11/07¦
¦ ¦ ¦Aleksandrovna ¦ ¦ ¦ ¦ ¦
+-----------+----------+------------------+----+--------+--------+--------+
¦ 22675/08¦ 03/05/08¦Zhari



> 1 2 3 ... 10 11 12 13 ... 14 15

	Поделиться:	Tweet