(Application no. 21851/03)
22 December 2009
This 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 Bezymyannaya v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Sverre Erik Jebens,
George Nicolaou, judges,
and Søren Nielsen, Section Registrar,
Having deliberated in private on 3 December 2009,
Delivers the following judgment, which was adopted on that date:
I. THE CIRCUMSTANCES OF THE CASE
“By virtue of paragraph 1 of Section 4 of the Code of Commercial Procedure of the Russian Federation, which entered into force on 6 August 2002, the present case falls into the jurisdiction of a commercial court.
Under Article 7 of the Federal Law “On Putting into Operation the Code of Commercial Procedure of the Russian Federation” cases which are in the process of adjudication by courts of general jurisdiction and which, according to the Code of Commercial Procedure..., have been placed under the jurisdiction of commercial courts, should be transferred by courts of general jurisdiction, with the plaintiff's consent, to commercial courts within two weeks after paragraph 1 of Section 4 of the Code of Commercial Procedure has entered into force... If the plaintiff does not consent to the transfer of the case from the court of general jurisdiction to the commercial court, the court of general jurisdiction discontinues the proceedings in the case at issue because the case is not within the jurisdiction of the court of general jurisdiction.
At the hearing the plaintiff, [the applicant], consented, which she had confirmed in writing, to the transfer of the case to the commercial court.
The court finds it necessary to transfer the case pertaining to the [applicant's] action against [her husband]... to the Commercial Court of the Belgorod Region.”
An appeal against the District Court's decision could have been lodged before the Belgorod Regional Court within ten days.
II. RELEVANT DOMESTIC LAW
I. ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION
“In the determination of his civil rights and obligations ... everyone is entitled to a fair ... hearing ... by an independent and impartial tribunal established by law.”
A. Submissions by the parties
B. The Court's assessment
(a) General principles
(b) Application of the general principles to the present case
II. OTHER ALLEGED VIOLATIONS OF THE CONVENTION
35. The Court has examined the other complaints submitted by the applicant. However, having regard to all the material in its possession, and in so far as these complaints fall within the Court's competence, it finds that they do not disclose any appearance of a violation of the rights and freedoms set out in the Convention or its Protocols. It follows that this part of the application must be rejected as being manifestly ill-founded, pursuant to Article 35 §§ 3 and 4 of the Convention.
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 2,000 (two thousand euros) in respect of non-pecuniary damage, to be converted into Russian roubles at the rate applicable at the date of the 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 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 22 December 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Søren Nielsen Nina Vajić