Постановление Европейского суда по правам человека от 08.01.2009 «Дело Кондрашов и другие (Kondrashov and others) против России» [англ.]

were unsubstantiated.
47. According to the Court's case-law, an applicant is entitled to the reimbursement of costs and expenses only in so far as it has been shown that these have been actually and necessarily incurred and were reasonable as to quantum. In the present case, regard being had to the information in its possession and the above criteria, the Court decides to award the sums claimed in full, i.e. EUR 285 to each applicant, plus any tax that may be chargeable on that amount.

C. Default interest

48. 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 of the Convention and of Article 1 of Protocol No. 1 on account of the quashing of the judgments of 11 December 2001 in supervisory-review proceedings;
4. Holds that it is not necessary to examine separately the issue of alleged unfairness of supervisory review proceedings and the issue of non-enforcement of the judgments of 11 December 2001;
5. Holds that there has been a violation of Article 6 of the Convention and of Article 1 of Protocol No. 1 on account of delayed enforcement of the judgments of 13 and 20 December 2001 in favour of S. Panchenko;
6. Holds
(a) that the respondent State is to pay the applicants, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the following sums to be converted into Russian roubles at the rate applicable at the date of the settlement:
(i) in respect of pecuniary damage:
EUR 19,783 (nineteen thousand seven hundred eighty three euros) to I. Kondrashov
EUR 19,833 (nineteen thousand eight hundred thirty three euros) to O. Kravets
EUR 20,181 (twenty thousand one hundred eighty one euros) to I. Litvinov
EUR 19,883 (nineteen thousand eight hundred eighty three euros) to V. Shapolov
EUR 19,187 (nineteen thousand one hundred eighty seven euros) to I. Kravets
EUR 19,533 (nineteen thousand five hundred thirty three euros) to A. Kravets
EUR 19,883 (nineteen thousand eight hundred eighty three euros) to S. Panchenko
(ii) EUR 3,000 (three thousand euros) to each applicant in respect of non-pecuniary damage plus any tax that may be chargeable on this amount;
(iii) EUR 285 (two hundred eighty five euros) to each applicant in respect of costs and expenses plus any tax that may be chargeable on this amount;
(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;
7. Dismisses the remainder of the applicants' claim for just satisfaction.

Done in English, and notified in writing on 8 January 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Soren} NIELSEN
Registrar





Appendix

-----------T----------------T----------------------T----------T-----------¬
¦ APP. No. ¦ APPLICANT (YEAR¦ JUDGMENT(S) ¦ AMOUNT(S)¦APPLICANTS'¦
¦ (Date) ¦ OF BIRTH) ¦ COURT(S)/DATE(S) ¦ AWARDED ¦CLAIMS FOR ¦
¦ ¦ ¦ ¦ (RUB) ¦ DAMAGE ¦
¦ ¦ ¦ ¦ ¦ CAUSED BY ¦




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