NGOs under European Convention on Human Rights / Tymofeyeva

in respect of pecuniary and non-pecuniary damage. In the principal judgment, the Court found several violations of Article 6 of the Convention and Article 1 of Protocol No. 1 due to miscarriage of justice in the insolvency proceedings initiated by the applicant company against a state-owned oil refinery. 1484 Silver goes to a Greek private limited company, Stran Greek Refineries, and the latter’s sole shareholder, Mr Stratis Andreadis. 1485 They were awarded compensation in a number of currencies totalling to about 28 million euros . 1486 The Court here again found a violation of Article 6 and Article 1 of Protocol No. 1 to the Convention. The breach concerned annulment by legislative measure of an arbitration award establishing the existence of a debt owed by the state and inability to secure enforcement of this award. The leader in the table is undoubtedly the Yukos case . 1487 Here, for the first time in its history, the Court awarded to an applicant a sum exceeding a billion euro, to be precise EUR 1,866,104,634 (one billion, eight hundred sixty six million, one hundred and four thousand, six hundred thirty four euros) in respect of pecuniary damage. The provisions of the Convention that were breached here were the same as in the other cases – the fair trial guarantees and the right to property. In particular, the state bailiffs uncompromisingly executed tax debts and imposed disproportionate fees resulting in major company’s demise. The higher the amount of the claim, the higher the standard of proof. 1488 In the table given below, the main data on the research in question are summarised under the date, type of a breach of the Convention, elements of just satisfaction award and the state of execution.

1484 Agrokompleks, cited above. 1485 Stran Greek Refineries, cited above. 1486 See the table below. 1487 OAO Neftyanaya Kompaniya Yukos (just satisfaction), cited above. 1488 ICHIM, 2014, cited above, p. 99.

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