PARTLY DISSENTING OPINION OF JUDGE DAVID THóR BJöRGVINSSON

I dissented on the majority ’ s approach to the issue of Article 41. In my view, and in accordance with the Court ’ s established practice, compensation should have been awarded to the applicant for non ‑ pecuniary damage. His right to a fair procedure was breached. In my opinion the breach in question cannot be dismissed as merely technical/procedural and such as to exclude the applicant from any entitlement to compensation for distress or frustration.