CASE OF RAMUS AND OTHERS v. UKRAINE
(Application nos. 11867/08, 11868/08, 28969/08, 28971/08, 28979/08 and 37484/08)
10 December 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 Ramus and others v. Ukraine,
The European Court of Human Rights (Fifth Section), sitting as a Chamber composed of:
Isabelle Berro-Lefèvre, judges,
Mykhaylo Buromenskiy, ad hoc judge,
and Claudia Westerdiek, Section Registrar,
Having deliberated in private on 17 November 2009,
Delivers the following judgment, which was adopted on the last mentioned date:
I. THE CIRCUMSTANCES OF THE CASE
second applicant – UAH 2,906.274 by the judgment of 1 June 2005;
third applicant – UAH 4,426.515 by the judgment of 8 July 2005;
fourth applicant – UAH 4,948.236 by the judgment of 11 May 2005;
II. RELEVANT DOMESTIC LAW
I. JOINDER OF THE APPLICATIONS
II. ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION AND ARTICLE 1 OF PROTOCOL NO. 1 TO THE CONVENTION
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 ...”
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.”
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.”
first applicant - UAH 3,041.47 and 163,490.8;
second applicant - UAH 2,548.74 and 77,108.38;
third applicant - UAH 3,825.49 and 90,010;
fourth applicant - UAH 4,366.86 and 98,575.45;
fifth applicant - UAH 6,219.75 and 175,141.39;
sixth applicant - UAH 4,620 and EUR 3,000.
first applicant - EUR 250;
second applicant - EUR 210;
third applicant - EUR 320;
fourth applicant - EUR 370;
fifth applicant - EUR 520;
sixth applicant - EUR 440.
first applicant - EUR 2,600;
second applicant - EUR 1,400;
third applicant - EUR 1,200;
fourth applicant - EUR 1,400;
fifth applicant - EUR 2,600;
sixth applicant - EUR 800.
B. Costs and expenses
C. Default interest
FOR THESE REASONS, THE COURT UNANIMOUSLY
1. Decides to join the applications;
(a) that the respondent State is to pay the applicants, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the outstanding judgments debts and the following sums in respect of pecuniary and non-pecuniary damage, respectively:
first applicant EUR 250 (two hundred and fifty euros) and 2,600 (two thousand six hundred euros);
second applicant EUR 210 (two hundred and ten euros) and 1,400 (one thousand four hundred euros);
third applicant EUR 320 (three hundred and twenty euros) and 1,200 (one thousand two hundred euros);
fourth applicant EUR 370 (three hundred and seventy euros) and 1,400 (one thousand four hundred euros);
fifth applicant EUR 520 (five hundred and twenty euros) and 2,600 (two thousand six hundred euros);
sixth applicant EUR 440 (four hundred and forty euros) and 800 (eight hundred euros),
and EUR 100 (one hundred euros) to sixth applicant for costs and expenses, to be converted into the national currency of the respondent State at the rate applicable at the date of settlement plus any tax that may be chargeable;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts 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 10 December 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Claudia Westerdiek Peer Lorenzen
1 Approximately 295 euros (EUR).
2 Approximately EUR 58.
3 Approximately EUR 88.
4 Approximately EUR 465.
5 Approximately EUR 738.
6 Approximately EUR 767.
7 Approximately EUR 625.
8 Approximately EUR 232.
9 Approximately EUR 886.
10 Approximately EUR 595.