Постановление Европейского суда по правам человека от 30.07.2009 «Дело Хотулева (Khotuleva) против России» [англ.]

ed such damage as a result of the violation found which cannot be made good by the mere finding of a violation. The particular amount claimed is, however, excessive. Making its assessment on an equitable basis, as required by Article 41 of the Convention, the Court awards the applicant the sum of EUR 3,000 in respect of non-pecuniary damage.

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 complaints concerning the supervisory review proceedings and non-enforcement 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 judgment in the applicant's favour;
3. Holds that there has been no violation of Article 6 of the Convention in respect of non-enforcement of the judgment of 4 April 2000 before it was quashed by way of supervisory review on 25 January 2001 and that there is no need to examine the complaint concerning non-enforcement of that judgment after the date of the quashing;
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. Dismisses the remainder of the applicant's claim for just satisfaction.

Done in English, and notified in writing on 30 July 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Nina {VAJIC}
President

{Soren} NIELSEN
Registrar






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