CYIL 2015

THE HIGHEST AMOUNTS OF JUST SATISFACTION… CoE ‘bailiff’. 23 In order to receive redress, the applicant must submit a special request for just satisfaction. 24 The request must contain not only itemised particulars of all claims but also any relevant supporting documents. 25 Analysis of the case-law of the Court 26 and the literature on the subject 27 shows that there are four main components of just satisfaction award: 1) pecuniary damage; 2) non-pecuniary damage; 3) cost and expenses and 4) default interest. Pecuniary damage is used to place the applicant in that position in which he or she would have been had the violation not taken place; in other words, restitutio in integrum . 28 This covers both compensation and restitution under the DARS. The Court’s award in respect of non-pecuniary damage is intended to provide financial compensation for non-material harm. 29 It is similar to the ‘satisfaction’ under the DARS. The Court may also order the reimbursement to the applicant of costs and expenses which were incurred in the course of the proceedings. 30 These sums typically include the cost of legal assistance, 31 court fees, 32 translation costs 33 and the like. The default interest is to be paid in the event that the time-limit is exceeded. Presently, the amount of interest corresponds to the marginal lending rate of the ECB during the default period of non-compliance with the judgment plus three percentage points. 34 It is absolutely clear that legal persons are entitled to receive the first, the third and the fourth types of redress. The question is whether they are able to obtain compensation under the second one. Non-pecuniary damage reward for legal persons 23 LAMBERT-ABDELGAWAD, Elisabeth. The execution of judgments of the European Court of Human Rights . Strasbourg : Council of Europe Pub., 2008, p. 36. 24 Article 5 of the Practice Directions on Just satisfaction claims. Rules of Court incorporates amendments to Rule 47 made by the Plenary Court on 6 May 2013. The new edition entered into force on 1 January 2014, p. 63. URL:< http://www.echr.coe.int/Documents/Rules_Court_ENG.pdf> accessed 20 July 2015. 25 Rule 60 of the Rules of Court. 26 See note 22 above. 27 REID, K. A practitioner’s guide to the European Convention on Human Rights . 4th ed. London: Thomson/ Sweet & Maxwell, 2012, p. 837; KMEC, J., KOSAŘ, D., KRATOCHVÍL, J., BOBEK, M. Evropská úmluva o lidských právech . Komentář. 1. vydání. Praha: C. H. Beck, 2012, p. 285; HARRIS, D. J., O’BOYLE, M., BATES, E. P., BUCKLEY, C. M. Law of the European Convention on Human Rights . 2 nd ed., Oxford; New York: Oxford University Press, 2009, p. 857. 28 Article 10 of the Practice Directions on Just Satisfaction Claims. Rules of Court incorporates amendments to Rule 47 made by the Plenary Court on 6 May 2013. The new edition entered into force on 1 January 2014, p. 63. 29 Article 13 of the Practice Directions on Just Satisfaction Slaims. Rules of Court incorporates amendments to Rule 47 made by the Plenary Court on 6 May 2013. The new edition entered into force on 1 January 2014, p. 63. 30 DRAFT – OVA a.s. v. Slovakia , no. 72493/10, § 102, 9 June 2015. 31 Greco-Catholic Parish Sfântul Vasile Polonă v. Romania , no. 65965/01, § 122, 7 April 2009. 32 Immobiliare Cerro S.A.S. (just satisfaction), cited above, § 30. 33 DRAFT – OVA a.s. v. Slovakia , cited above, § 102. 34 See https://www.ecb.europa.eu/stats/monetary/rates/html/index.en.html. On 23 July 2015, the ECB marginal lending facility constituted 0.30%.

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