Постановление Европейского суда по правам человека от 08.10.2009 "Дело "Романенко и другие (romanenko and others) против Российской Федерации" [рус., англ.]

as compensation in respect of non-pecuniary damage. They referred to the awards made by the Court in comparable cases.
56. The Government submitted that the amounts claimed were excessive.
57. The Court considers that the applicants have suffered non-pecuniary damage as a result of the domestic judgments which were incompatible with the Convention principles. The damage cannot be sufficiently compensated for by the finding of a violation. The Court considers, however, that the specific amount claimed by the first applicant is excessive. Making its assessment on an equitable basis, the Court awards each applicant EUR 1,000 plus any tax that may be chargeable on that amount.
C. Costs and expenses
58. The applicants claimed EUR 1,400 for twenty-eight hours of work carried out by their representatives in the Strasbourg proceedings at the hourly rate of EUR 50. They submitted a time-sheet.
59. The Government alleged that the representatives might have acted in their own interest when presenting the case, that the hourly rate had been excessive, and that the participation of two counsel had not been necessary. In any event, there was no evidence that the applicants had actually incurred any legal expenses.
60. According to the Court's case-law, an applicant is entitled to reimbursement of his costs and expenses in so far as it has been shown that these have been actually and necessarily incurred and were reasonable as to quantum. Examining the documents submitted by the applicants, the Court is satisfied that the hourly rate and the number of hours spent were reasonable as to quantum and awards the applicants jointly the entire amount they claimed in respect of costs and expenses, namely EUR 1,400, plus any tax that may be chargeable to the applicants on that amount.
D. Default interest
61. 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. Holds that there has been a violation of Article 10 of the Convention;
2. Holds
(a) that the respondent State is to pay, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the following amounts, to be converted into Russian roubles at the rate applicable at the date of settlement:
(i) EUR 860 (eight hundred and sixty euros) to each applicant in respect of pecuniary damage, plus any tax that may be chargeable on that amount;
(ii) EUR 1,000 (one thousand euros) to each applicant in respect of non-pecuniary damage, plus any tax that may be chargeable on that amount;
(iii) EUR 1,400 (one thousand four hundred euros) to the applicants jointly in respect of costs and expenses, plus any tax that may be chargeable to the applicants on that 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;
3. Dismisses the remainder of the first applicant's claim for just satisfaction.
Done in English, and notified in writing on 8 October 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Nina {VAJIC}
President
{Andre} WAMPACH
Deputy Registrar


In accordance with Article 45 § 2 of the Convention and Rule 74 § 2 of the Rules of Court, the joint concurring opinion of Judges Spielmann and Malinverni is annexed to the judgment.
N.A.V.
A.M.W.
JOINT CONCURRING OPINION OF JUDGES SPIELMAN AND MALINVERNI
1. We are in agreement with the Court's conclusions that there has been a violation of Article 10 of the Convention.
2. However, we cannot agree with the reasoning put forward by the majority in paragraph 39 of the judgment. In so far as the interference in connection with the civil action brought by the courts' management department of the Primorskiy region is concerned (paragraph 10 of the judgment), we have serious doubts as to whether this interference pursued the legitimate aim of the "protection of the reputation or rights of [[others]] <*>" (emphasis added), as is suggested implicitly by the majority. The Court leaves this question open, saying that "it is not its task to examine the domestic legislation in the abstract but rather to consider the manner in which that legislation was applied to, or affected, the applicant in a particular case", and deciding that "this issue will also be examined in the analysis of the proportionality of the interference" (paragraph 39 in fine).
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<*> В тексте документа вместо курсива использовано выделение двойными квадратными скобками.
3. Before going into proportionality, the Court should have satisfied itself that the interference pursued one of the legitimate aims laid down exhaustively in paragraph 2 of Article 10 of the Convention. The majority, albeit implicitly, seem to suggest in this respect that a public body or authority may claim protection of the reputation or rights of others, which is in our view inconceivable. Indeed, the structure of Article 10 suggests a triangular relationship involving the State - author of an interference -, the applicant - victim of an interference - and "others", whose reputation and rights may or may not be protected. The only "public body" covered by one of the exceptions laid down in paragraph 2 of Article 10 is the "judiciary", whose authority and impartiality may be protected through an interference, provided that such interference is necessary in a democratic society and is proportionate to the aim pursued.
4. In our view, under the Court's requisite strict construction of the enumerated legitimate aims, it is unreasonable to include a public authority within the meaning of "others" whose reputation or rights Article 10, paragraph 2, is designed to protect.
5. To conclude, and in so far as the interference in connection with the civil action brought by the courts' management department of the Primorskiy region is concerned, the Court should have limited its finding of a violation of Article 10 to the absence of a legitimate aim, without examining the question of proportionality.