Information Note on the Court’s case-law 57

October 2003

Sovtransavto Holding v. Ukraine - 48553/99

Judgment 2.10.2003 [Section IV]

Article 41

Just satisfaction

In a judgment of 25 July 2002, the Court held that there had been a violation of Article 6 § 1 in that the applicant company’s had not had a fair and public hearing by an independent and impartial tribunal. The Court also held that there had been a violat ion of Article 1 of Protocol No. 1, since the respondent State had failed in its obligation to secure to the applicant company the effective enjoyment of its right of property. The Court reserved the question of the application of Article 41.

Article 41 – Making its assessment on an equitable basis, the Court awarded 500,000 euros for the pecuniary damage suffered by the applicant company as a result of the loss of real opportunities to manage in practice the company of which it was a partial owner and to c ontrol the latter’s assets, and 75,000 euros for non-pecuniary damage resulting from the situation of prolonged uncertainty in which the applicant company had been placed. The Court awarded 50,000 euros in respect of costs and expenses incurred in the proc eedings before the national courts and before the Court.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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