Lexploria

FIRST SECTION

CASE OF BOTSKALEV AND ROSTOVTSEVA and 42 other “ Privileged pensioners” cases v. RUSSIA

( Applications no s . 22666/08, 22673/08, 22675/08, 22677/08, 22683/08, 22686/08, 22688/08, 22691/08, 22699/08, 22709/08, 39366/08, 39414/08, 39460/08, 39492/08, 39514/08, 39522/08, 40477/08, 40482/08, 40495/08, 42002/08, 42004/08, 42026/08, 43817/08, 43827/08, 43834/08, 43844/08, 43861/08, 44339/08, 44343/08, 44344/08, 44348/08, 44364/08, 45346/08, 46204/08, 46214/08, 59620/08, 59622/08, 59630/08, 59691/08, 59692/08, 59695/08, 59696/08 and 59701/08)

JUDGMENT

STRASBOURG

26 November 2009

FIN AL

26/02 /2010

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of Botskalev and Rostovtseva and 42 other “ Privileged pensioners” cases v. Russia ,

The European Court of Human Rights ( First Section ), sitting as a Chamber composed of:

Christos Rozakis , President, Nina Vajić , Anatoly Kovler , Elisabeth Steiner , Khanlar Hajiyev , Giorgio Malinverni , George Nicolaou , judges, and Søren Nielsen , Section Registrar ,

Having deliberated in private on 5 November 2009 ,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1 . The case originated in 43 applications (nos . 22666/08 , 22673/08, 22675/08, 22677/08, 22683/08, 22686/08, 22688/08, 22691/08, 22699/08, 22709/08, 39366/08, 39414/08, 39460/08, 39492/08, 39514/08, 39522/08, 40477/08, 40482/08, 40495/08, 42002/08, 42004/08, 42026/08, 43817/08, 43827/08, 43834/08, 43844/08, 43861/08, 44339/08, 44343/08, 44344/08, 44348/08, 44364/08, 45346/08, 46204/08, 46214/08, 59620/08, 59622/08, 59630/08, 59691/08, 59692/08, 59695/08, 59696/08 and 59701/08 ) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by 56 Russian citizens whose names and dates of birth are tabulated in the Annex (“the applicants”). The applications ' dates of introduction are also tabulated in the Annex.

2 . The applicants were represented , respectively, by M r M. Antonov, Mr I. Fedotov, Mr V. Glukhov , Mr G. Migay, Mr. Y. Pakin, and Ms L . Yerokhina , consultants from the Moscow Region. The Russian Government (“the Government”) were represented by Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.

3 . In September 2008 –January 2009 the President of the First Section decided to give notice of the application s to the Gove rnment. I t was also decided to examine the merits of the applications at the same time as their admissibility (Article 29 § 3) . The Government objected to the joint examination of the admissibility and merits, but the Court rejected this objection.

THE FACTS [1]

4 . The applicants are pensioners who live in the Moscow Region. Before retirement they used to work in hazardous industr ies . They had a dispute with a pension authorit y about the scope of their privilege d pension s and appealed to the Region ' s district and town courts.

5 . In May 2005 – November 2006 the court s held for the applicants and ordered the pension authority to re calculate the pensions. The court s based their finding s on the Law on Labour Pensions. In May 200 5 –February 2007 these judgments became binding and were executed.

6 . On the pension authority ' s request, in November 2007– April 2008 the district and town court s quashed their judgments due to discovery of new circumstances. The court s found, in particular, that the judgments had ignored the interpretation of the Law on Labour Pensions given by the Supreme Court in December 2005 and March 2007.

7 . The applicants ' cases were remitted for a rehearing and subsequently dismissed.

THE LAW

I. JOINDER OF THE APPLICATIONS

8 . As the applications are similar in terms of both fact and law, the Court decides to join them.

I I . ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION AND OF ARTICLE 1 OF PROTOCOL No. 1

9 . The applicants complained under Article 6 of the Convention and Article 1 of Protocol No. 1 that the quashing of the binding judgments was unjustified . Insofar as relevant, these Articles read as follows:

Article 6 § 1

“In the determination of his civil rights and obligations ..., everyone is entitled to a fair ... hearing ... by [a] ... tribunal...”

Article 1 of Protocol No. 1

“Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.

The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.”

A. Admissibility

10 . The Government argued that the applications were inadmissible. The Supreme Court ' s interpretation s of the Law on Labour Pensions revealed fundamental errors in the district and town courts ' reasoning, and hence tho se judgments had had to be quashed . The quashing had been legitimate , lawful, and compliant with the principle of legal certainty. The quashing was meant to ensure a uniform and coherent function ing of the State pension scheme and to protect the public purse from undue depletion.

11 . The applicants argued that their applications were admissible. The quashing had been unjustified because the district and town c ourt s did take into account the interpretation of 2005 , and because the interpretation of 2007 had been given after the judgment s . In any event, a legislative interpretation of laws might come only from a lawmaker, not from a court. Besides, t he pension authority had missed the statutory time-limit for the quashing , and the court s had extended that limit without good reason.

12 . The Court notes that the application s are not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. It further notes that they are not inadmissible on any other grounds. They must therefore be declared admissible.

B. Merits

13 . The Court reiterates that for the sake of legal certainty implicitly required by Article 6, final judgments should generally be left intact. They may be disturbed only to correct fundamental defects (see Ryabykh v. Russia , no. 52854/99, § § 51–52, ECHR 2003 ‑ IX) . Quashing of judgments because of newly-discovered circumstances is not by itself incompatible with this requirement, but the manner of its application m ay be (see Pravedna ya v. Russia , no. 69529/01, §§ 27–34, 18 November 2004).

14 . In the case in hand, the domestic court s justified the quashing with the Supreme Court ' s two interpretations of the Law on Labour Pensions.

As to the interpretation of 2005, t he Court considers that differ ing judicial interpretations of a law represent a ground for an ordinary appeal, rather than a discover y warranting a quashing of a binding judgment (see Yerogova v. Russia , no. 77478/01, § 34, 19 June 2008 ).

As to th e interpretation of 2007 , the Court reiterates that newly-discovered circumstances are circumstances that exist during the trial, remain hidden from the court, and become known after trial. Since the interpretation of 2007 was posterior to the Town Court ' s judgments, it did not justify the quashing either (see Yerogova , cited above, § 33).

15 . It follows that the quashing of the applicants ' judgments was un justified, and that there has, accordingly, been a violation of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1.

I II . APPLICATION OF ARTICLE 41 OF THE CONVENTION

16 . Article 41 of the Convention provides:

“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”

A. Damage, costs, and expenses

17 . In respect of pecuniary damage, the applicants claimed sums ranging from 209 euros (EUR) to EUR 9,507 . According to the applicants , these sums represent ed the difference between the pensions they had been receiv ing after the quashing and the pensions they would have receive d in their lifetime if there had been no quashing. The Government con test ed the applicants ' method of calculation as having no basis in domestic law. They stressed that before their quashing, the judgments had been duly enforced.

18 . The Court rejects this claim in view of its speculative character (see Tarnopolskaya and Others v. Russia , nos . 11093/07, 14558/07, 19660/07, 30166/07, 46736/07, 52681/07, 52985/07, 10633/08, 10652/08, 12694/08, 15437/08, 16691/08, 19447/07, 19457/08, 20857/08, 20872/08, 22546/08, 25820/08, 25839/08 , and 25845/08, § 51, 9 July 2009 ) .

19 . In respect of non-pecuniary damage, the applicants claimed from EUR 2,000 to EUR 10 ,000 . The Government contested this claim as ill-founded.

20 . In respect of costs and expenses incurred before the Court, the applicants claimed sums ranging from EUR 5 to EUR 1 , 640 . The Government noted that any possible award should cover only proven expenses.

21 . The Court reiterates that it is an international judicial authority contingent o n the consent of the States signatory to the Convention , and that its principal task is to secure the respect for human rights, rather than compensat e applicants ' losses minutely and exhaustively . U nlike in national jurisdictions, the emphasis of the Court ' s activity is on passing public judgments that set human-rights standards across Europe .

22 . For this reason, in cases involving many similarly situated victims a unified approach may be called for . This approach will ensure that the applicants remain aggregated since no disparity in the level of the awards will have a divisive effect on the m .

23 . In view of the above, making its assessment on equitable and reasonable bases, the Court awards each applicant EUR 2 ,000 in respect of non-pecuniary damage, and costs and expenses .

B . Default interest

24 . 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. Decides to join the applications;

2 . Declares the applications admissible;

3 . Holds that there has been a violation of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 ;

4 . Holds

(a) that the respondent State is to pay each applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, EUR 2 ,000 ( two thousand euros) , plus any tax that may be chargeable, in respect of non-pecuniary damage , and costs and expenses, to be converted into Russian roubles at the rate applicable at the date of settlement;

(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;

5 . Dismisses the remainder of the applicants ' claim s for just satisfaction.

Done in English, and notified in writing on 26 November 2009 , pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Søren Nielsen Christos Rozakis Registrar President

ANNEX

Application no.

Introduced on

Applicant

Born in

Judgment of

Binding on

Quashed on

22666/08

03/05/08

Botskalev Oleg Alekseyevich

1947

06/06/06

04/08/06

06/11/07

Rostovskaya Olga Petrovna

1951

06/06/06

04/08/06

06/11/07

22673/08

03/05/08

Izotova Valentina Aleksandrovna

1947

16/06/06

27/06/06

09/11/07

22675/08

03/05/08

Zharinova Maria Ivanovna

1939

14/07/06

25/07/06

09/11/07

22677/08

03/05/08

Zhadalin Vladimir Vasilyevich

1940

14/07/06

25/07/06

20/11/07

22683/08

03/05/08

Kiryanov Anatoliy Vasilyevich

1937

01/06/06

26/07/06

12/11/07

Kiryanova Tamara Grigoryevna

1939

01/06/06

26/07/06

12/11/07

22686/08

03/05/08

Kiryanov Vladimir Vasilyevich

1940

20/07/06

04/08/06

12/11/07

22688/08

03/05/08

Bazhenova Olga Alekseyevna

1952

14/07/06

24/07/06

12/11/07

22691/08

03/05/08

Yemelicheva Natalya Alekseyevna

1951

08/06/06

04/08/06

14/11/07

Yeremina Lyudmila Anatolyevna

1956

08/06/06

04/08/06

14/11/07

Kuznetsova Nadezhda Fyodorovna

1953

08/06/06

04/08/06

14/11/07

Streltsova Tatyana Pavlovna

1956

08/06/06

04/08/06

14/11/07

Application no.

Introduced on

Applicant

Born in

Judgment of

Binding on

Quashed on

Kuropatkin Sergey Petrovich

1953

08/06/06

04/08/06

14/11/07

Fomina Irina Ivanovna

1957

08/06/06

04/08/06

14/11/07

22699/08

03/05/08

Vystavkina Yelena Fyodorovna

1959

31/05/06

04/08/06

20/11/07

Gorshunova Olga Petrovna

1949

31/05/06

04/08/06

20/11/07

Ivanova Taisiya Petrovna

1927

31/05/06

04/08/06

20/11/07

Solovykh Tatyana Fyodorovna

1954

31/05/06

04/08/06

20/11/07

Trukhina Klavdiya Sergeyevna

1947

31/05/06

04/08/06

20/11/07

Shchegolkova Lyubov Aleksandrovna

1946

31/05/06

04/08/06

20/11/07

Chernopyatov Anatoliy Kirillovich

1941

31/05/06

04/08/06

20/11/07

22709/08

03/05/08

Videneyeva Lyudmila Georgiyevna

1942

01/08/06

22/09/06

12/11/07

39366/08

22/07/08

Shvyryayeva Lyudmila Pavlovna

1939

26/09/06

28/12/06

11/03/08

39414/08

15/07/08

Afanasyeva Raisa Petrovna

1926

13/09/06

28/12/06

11/02/08

39460/08

30/07/08

Susaykova Galina Ivanovna

1946

14/09/06

28/12/06

26/03/08

39492/08

15/07/08

Meshcheryakova Aleksandra Dmitriyevna

1934

28/09/06

21/12/06

18/02/08

39514/08

22/07/08

Shvyryayev Vladimir Alekseyevich

1940

26/09/06

28/12/06

11/03/08

39522/08

18/07/08

Belyayev Mikhail Borisovich

1947

06/10/06

28/12/06

28/02/08

Application no.

Introduced on

Applicant

Born in

Judgment of

Binding on

Quashed on

40477/08

23/07/08

Bolshakova Liliya Aleksandrovna

1944

29/09/06

28/12/06

27/03/08

40482/08

01/08/08

Shmeleva Tamara Nikolayevna

1939

19/10/06

26/01/07

19/03/08

40495/08

23/07/08

Bobrova Tatyana Panteleymonovna

1945

21/09/06

28/12/06

21/03/08

42002/08

31/07/08

Yefanova Tamara Petrovna

1922

23/08/06

08/12/06

21/03/08

42004/08

23/07/08

Bobkova Lidiya Nikolayevna

1931

16/08/06

08/12/06

25/03/08

42026/08

31/07/08

Klenina Lybov Anatolyevna

1954

26/09/06

28/12/06

05/02/08

43817/08

26/08/08

Starokurov Igor Aleksandrovich

1933

20/11/06

28/12/06

26/03/08

43827/08

14/08/08

Doroshenko Nadezhda Ivanovna

1951

14/11/06

28/12/06

13/03/08

43834/08

26/08/08

Karpuzikova Vera Sergeyevna

1958

20/11/06

28/12/06

26/03/08

43844/08

14/08/08

Arkhipova Zinaida Ivanovna

1944

14/11/06

28/12/06

13/03/08

43861/08

25/08/08

Taratynova Olga Petrovna

1955

24/08/06

22/12/06

26/02/08

44339/08

20/08/08

Chichkanova Tatyana Viktorovna

1955

09/10/06

21/12/06

26/03/08

44343/08

07/08/08

Nikolayeva Lidiya Vasilyevna

1947

15/11/06

02/02/07

28/03/08

44344/08

21/08/08

Alekseyeva Zinaida Stepanovna

1934

21/09/06

28/12/06

21/03/08

44348/08

14/08/08

Makshanova Aleksandra Ivanovna

1933

27/10/06

21/12/06

02/04/08

44364/08

27/08/08

Bocharov Igor Aleksandrovich

1955

20/11/06

28/12/06

26/03/08

Application no.

Introduced on

Applicant

Born in

Judgment of

Binding on

Quashed on

45346/08

29/08/08

Mishchenko Vyacheslav Aleksandrovich

1950

04/10/06

21/12/06

28/03/08

46204/08

20/08/08

Antonova Fagemya Khebulovna

1941

15/09/06

28/12/06

26/03/08

46214/08

19/08/08

Antonov Aleksandr Sergeyevich

1929

15/09/06

28/12/06

26/03/08

59620/08

02/08/08

Khromchenko Yekaterina Nikiforovna

1939

13/09/06

28/12/06

18/02/08

59622/08

02/08/08

Stakanchikov Nikolay Aleksandrovich

1949

06/10/06

21/12/06

22/02/08

59630/08

23/08/08

Zenina Valentina Alekseyevna

1941

03/05/05

17/05/05

26/02/08

59691/08

25/07/08

Konyushkova Anastasiya Vasilyevna

1935

18/09/06

03/11/06

12/02/08

59692/08

02/08/08

Kholodkov Nikolay Konstantinovich

1948

29/06/05

12/07/05

05/02/08

59695/08

19/07/08

Alekseyeva Olga Nikolayevna

1946

12/10/06

02/02/07

31/01/08

59696/08

16/08/08

Anisimova Antonina Fyodorovna

1932

19/10/06

21/12/06

28/03/08

59701/08

20/08/08

Ivanyugo Zinaida Mikhaylovna

1928

12/10/06

21/12/06

19/03/08

[1] . Factual details concerning individual applications are given in the Annex.

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CASE OF BOTSKALEV AND ROSTOVSKAYA AND OTHER "PRIVILEGED PENSIONERS" CASES v. RUSSIA

CASE OF BOTSKALEV AND ROSTOVSKAYA AND OTHER "PRIVILEGED PENSIONERS" CASES v. RUSSIA

LEXI