(Application no. 29025/05)
30 July 2009
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 Yakubovych v. Ukraine,
The European Court of Human Rights (Fifth Section), sitting as a Chamber composed of:
Mirjana Lazarova Trajkovska,
Zdravka Kalaydjieva, judges,
Stanislav Shevchuk, ad hoc judge,
and Stephen Phillips, Deputy Section Registrar.
Having deliberated in private on 7 July 2009,
Delivers the following judgment, which was adopted on that date:
THE CIRCUMSTANCES OF THE CASE
1. First set of proceedings against the Vysotskyy (Zlagoda) company
After December 1998 the case was reconsidered by the courts at three levels of jurisdiction on four occasions because the courts of first instance and appeal had committed factual and legal errors in their decisions.
2. Enforcement of the judgment of 2 March 2003
3. Second set of proceedings against the Zlagoda company
I. COMPLAINT ABOUT THE LENGTH OF THE FIRST SET OF PROCEEDINGS
Article 6 § 1
“In the determination of his civil rights and obligations ... everyone is entitled to a ... hearing within a reasonable time by [a] ... tribunal...”
1. Period to be taken into consideration
2. Reasonableness of the length of the proceedings
II. OTHER COMPLAINTS
III. APPLICATION OF ARTICLE 41 OF THE CONVENTION
“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.”
B. Costs and expenses
C. Default interest
FOR THESE REASONS, THE COURT UNANIMOUSLY
(a) that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, EUR 2,400 (two thousand four hundred euros), plus any tax that may be chargeable, in respect of non pecuniary damage, to be converted into the national currency 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;
Done in English, and notified in writing on 30 July 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Stephen Phillips Peer Lorenzen
Deputy Registrar President
1. About 2,725 euros (EUR).
2. About EUR 466.
3. About EUR 1,997.
1. About EUR 2,834.
2. About EUR1,773.
3. About EUR 1,064.