Постановление Европейского суда по правам человека от 07.05.2009 «Дело Сивухин (Sivukhin) против России» [англ.]

table basis, the Court awards the applicant EUR 1,000, plus any tax that may be chargeable on that amount.
34. The Court further points out that the most appropriate form of redress in cases where it finds that a trial was held in breach of Article 6 § 1 of the Convention would, as a rule, be to reopen the proceedings in due course; however, as the applicant has not implicitly requested that, the Court will not make any ruling in this respect.

B. Costs and expenses

35. The applicant did not claim costs and expenses. Accordingly, there is no call to make an award under this head.

C. Default interest

36. 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 domestic authorities' failure to apprise the applicant of the appeal hearing in good time 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 1,000 (one thousand euros) in respect of non-pecuniary damage, to be converted into Russian roubles at the rate applicable at the date of settlement, plus any tax that may be chargeable;
(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 7 May 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Rait MARUSTE
President

Claudia WESTERDIEK
Registrar






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