(Application no. 47628/06)
13 January 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 Kukkonen v. Finland (no. 2),
The European Court of Human Rights (Fourth Section), sitting as a Chamber composed of:
David Thór Björgvinsson,
Nebojša Vučinić, judges,
and Lawrence Early, Section Registrar,
Having deliberated in private on 9 December 2008,
Delivers the following judgment, which was adopted on that date:
I. THE CIRCUMSTANCES OF THE CASE
15. On 9 March 2000 the applicant appealed to the Accident Board against the insurance company's decision. In his appeal, which became pending before the Accident Board on 26 July 2000, he requested compensation for total incapacity for work. On 28 May 2002 the Board held an oral hearing. On 26 September 2002 it modified the insurance company's decision, changing the applicant's handicap allowance category from 3 to 5 and ordering the insurance company to pay him a 50% occupational injury pension for the period from 16 May 2002 to 31 May 2004. As concerned the time after that date, the case was referred back to the insurance company. The Board found that the applicant was still capable of working in another profession where his earnings could reach about half the level of his earnings before the accident. The Board referred to his relatively young age and the number of years that he could expect to work.
16. The applicant appealed to the Insurance Court, repeating his requests. On 14 June 2005 the court ordered the insurance company to pay the applicant a 50% occupational injury pension for the period from 26 June 2001 to 31 May 2004 and rejected the remainder of the claims. Referring to several medical opinions, the court estimated that the applicant's ability to work had been reduced from 26 June 2001 onwards, when he started treatment for pain.
17. The applicant appealed to the Supreme Court which, on 5 June 2006, refused leave to appeal.
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 ... hearing within a reasonable time by [a] ... tribunal...”
There has accordingly been a breach of Article 6 § 1.
II. 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, the following amounts:
(i) EUR 3,500 (three thousand five hundred euros), plus any tax that may be chargeable, in respect of non-pecuniary damage;
(ii) EUR 640 (six hundred and forty euros), plus any tax that may be chargeable to the applicant, in respect of costs and expenses;
(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 13 January 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Lawrence Early Nicolas Bratza