NGOs under European Convention on Human Rights / Tymofeyeva
earnings, was not fully taken into account for the purposes of compensation…” 1379 The Court concluded that the applicant company should be afforded satisfaction for loss of profits assessed at EUR 300,000, plus any tax that may be chargeable. This example shows that just satisfaction may be awarded to an Article 34 NGO, which suffered as a result of a breach of the Convention. However, the finding of a violation in itself does not guarantee that the Court will grant to the applicant a sum of money by way of compensation for the damage sustained. Article 41 of the Convention does not guarantee a right to compensation . Nonetheless, if the Court decides to rule on it, the applicant wishing to obtain just satisfaction shall comply with a number of conditions. 3.2.2 Procedural requirements for awarding of just satisfaction General conditions for awarding just satisfaction can be derived from the Convention itself, Rules of Court and the Directions on just satisfaction, and from the case-law of the Court. They can be summarized as follows. First, the Court must find that there has been a violation of the Convention , 1380 otherwise the applicant will not be granted any compensation. It is must also be understood that if the applicant Article 34 NGO alleged a violation of several provisions of the Convention or the Protocols to it, but the Court upheld the alleged complains only in part, the amount of compensation may be significantly reduced. Second, the applicant must submit a special request for just satisfaction . 1381 For example, in the case of Tymoshenko v. Ukraine , 1382 the applicant did not submit any claims in respect of damage or costs and expenses. For that reason, no award was made under those heads. In several cases, 1383 however, the Court departed from this condition and awarded just satisfaction to an applicant that forgot to make a specific claim to that effect. In the case of Kraynova and Kraynov and 9 other “Yakut pensioners” cases v. Russia , 1384 the applicants set out claims for just satisfaction in their initial application forms, but failed to resubmit these claims at the appropriate stage of the proceedings, i.e. after notice that the applications had been given to the 1381 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:
14314/07, 14316/07, 14322/07, 14323/07 and 14326/07, 17 December 2009. 1384 Kraynova and Kraynov and 9 other “Yakut pensioners” cases , cited above, § 14.
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