NGOs under European Convention on Human Rights / Tymofeyeva

state a legal obligation to make reparation for its consequences in such a way as to restore as far as possible the situation existing before the breach. 1409 The compensation should involve both loss actually suffered ( damnum emergens ) and loss, or diminished gain, to be expected in the future ( lucrum cessans ). The applicant must show that a clear causal link existed between the damage claimed and the violation alleged. 1410 The applicant should submit relevant documents to prove, as far as possible, not only the existence but also the amount or value of the damage. 1411 Normally, the Court’s award will reflect the fully calculated amount of the damage. Nevertheless, if the actual damage cannot be precisely calculated, the Court will make an estimate based on the facts at its disposal. It is also possible that the Court may find reasons in equity to award less than the full amount of the loss. This situation occurs quite frequently in practice. For example in the case of Agrokompleks v. Ukraine , 1412 the applicant company claimed: firstly, 610,221.27 tons of oil products or their value, estimated at EUR 561,000,000; and, secondly, EUR 50,422,326 or EUR 88,094,431 in compensation for loss of enjoyment. In addition, the applicant company claimed EUR 250,000 in respect of non-pecuniary damage. In total, that is EUR 611,672,326, if we take into account the lower sum of the compensation for loss of enjoyment. The Court, however, awarded the total sum of only EUR 27,000,000 (twenty-seven million euros) in respect of both pecuniary and non pecuniary damage. Likewise, in the case of East West Alliance Limited v. Ukraine , 1413 the applicant company claimed 165,915,960 US dollars (USD) in respect of the pecuniary damage and USD 10,000 in respect of non-pecuniary damage, which is a total of USD 165,925,960. If we convert this amount from US dollars into euros, this will be approximately EUR 121,856,000. 1414 The Court again diminished the sum of the award and held that Ukraine was obliged to pay the applicant company EUR 5,000,000 (five million euros) in respect of pecuniary and non-pecuniary damage. The sum of pecuniary damage includes compensation not only for factual damage, but also for loss of enjoyment. In the case of Belvedere Alberghiera S.r.l. v. Italy 1415 of 2003, the applicant company claimed compensation for its loss of enjoyment of the land for the period of deprivation of possession until restitution. Since restitution of the land was not possible, the Court awarded pecuniary damage sums that took into consideration the current value of the land in relation to the property market on the date that its judgment was delivered. In addition, it sought to compensate the losses that would not be covered by payment of that amount, by taking into account the potential of the land in question. This calculation was based on the construction costs of the buildings erected by the state.

1409 Forminster Enterprises Limited (just satisfaction), cited above, § 11. 1410 Družstevní záložna Pria (just satisfaction), cited above, § 9. 1411 East West Alliance Limited, cited above, § 233. 1412 Agrokompleks (just satisfaction) , cited above, § 53. 1413 East West Alliance Limited, cited above, § 231 and § 243. 1414 See http://www.oanda.com/currency/converter/. 1415 Belvedere Alberghiera S.r.l. (just satisfaction), cited above, § 22.

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