Resolution CM/ ResDH (2018)341 Execution of the judgment of the European Court of Human Rights Solodyuk against the Russian Federation

(Adopted by the Committee of Ministers on 20 September 2018 at the 1324 th meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

67099/01

Solodyuk

12/07/2005

30/11/2005

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),

Having regard to the final judgment transmitted by the Court to the Committee in this case and to the violation established;

Recalling the respondent State ’ s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the information provided by the government indicating the measures adopted to give effect to the judgment, including the information provided regarding the payment of the just satisfaction awarded by the Court (see Appendix);

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination thereof.

Appendix

Information about the measures to comply with the judgment

in the Solodyuk case against Russian Federation

Case summary

The case concerns the interference with the applicants ’ right to peaceful enjoyment of their property on account of the delays in the payment of their monthly old-age pensions from June 1998 to April 1999 (delays for periods of up to four months), as the month-on-month inflation during that time was very unstable, the rates varying between 2.7% and 37.3%. The effect of inflation on the applicants ’ delayed pensions was a significant loss of purchasing power. The Court concluded that the delay in payment imposed an individual and excessive burden on the applicants (violation of Article 1 of Protocol No. 1).

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

Paid on

186 EUR

3 000 EUR

-

3 186 EUR

01/03/2006

b) Other individual measures

The Court awarded just satisfaction in particular for the pecuniary loss incurred by the applicants. Consequently no other individual measures are required.

II. General measures

The violation of Article 1 of Protocol No. 1 was caused by the domestic courts ’ failure to award the difference between the amount of the pensions paid with delay and their real value which had decreased because of the high inflation existing at the material time, although domestic law provided for the possibility to award additional compensation for delayed payments on the basis of the inflation rate.

Following the publication and dissemination of the European Court ’ s judgment to all authorities concerned, it appears that the court practice has changed. The domestic courts, often with reference to this judgment, now award additional compensation for loss caused by delays in paying pensions on the basis of the inflation rate applicable at the relevant period of time. It follows that Russian law as well as domestic practice contain sufficient guarantees to safeguard the value of pensions paid with delays and that no further general measures are therefore necessary.

III. Conclusions of the respondent State

The government considers that the measures adopted have fully remedied the consequences of the violation of the Convention found by the European Court in this case and that these measures will prevent similar violations in the future. The Russian Federation has, therefore, complied with its obligations under Article 46, paragraph 1, of the Convention.