Постановление Европейского суда по правам человека от 29.10.2009 "Дело "Трошкин (Troshkin) против Российской Федерации" [рус., англ.]

rty 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 19,006.88 euros (EUR) in respect of pecuniary damage, representing the value of his vehicle, which had been damaged as a result of the road traffic accident, and EUR 100,000 in respect of non-pecuniary damage.
37. The Government opined that the applicant's allegations should not give rise to an award of any compensation for non-pecuniary damage. In any event, they considered the applicant's claims excessive and submitted that a finding of a violation would constitute sufficient just satisfaction.
38. The Court does not discern any causal link between the violation found and the pecuniary damage alleged; it therefore dismisses this claim. On the other hand, the Court considers that the applicant must have suffered distress and frustration resulting from the authorities' failure to determine his claims within a reasonable time. Ruling on an equitable basis, it awards him EUR 3,000 under that head.

B. Costs and expenses

39. The applicant did not submit a claim for costs and expenses. Accordingly, the Court considers that there is no call to award him any sum on that account.

C. Default interest

40. 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 complaint concerning the excessive length of the proceedings admissible and the remainder of the application inadmissible;
2. Holds that there has been a violation of Article 6 § 1 of the Convention;
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) in respect of non-pecuniary damage, plus any tax that may be chargeable, 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;
4. Dismisses the remainder of the applicant's claim for just satisfaction.

Done in English, and notified in writing on 29 October 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Soren} NIELSEN
Registrar






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