(Application no. 22538/04)
18 June 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 Termobeton v. Ukraine,
The European Court of Human Rights (Fifth Section), sitting as a Chamber composed of:
Peer Lorenzen, President,
Mirjana Lazarova Trajkovska,
Zdravka Kalaydjieva, judges,
Stanislav Shevchuk, ad hoc judge,
and Claudia Westerdiek, Section Registrar,
Having deliberated in private on 26 May 2009,
Delivers the following judgment, which was adopted on that date:
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...”
1. The parties' submissions
23 The Government contended that the applicant company and the company had contributed to the length of the proceedings and that the State could not be held liable for their behaviour. In particular, they averred that by requesting to adjourn the hearings, modifying its submissions, appealing against court decisions the applicant company itself had caused certain delays to the proceedings. Further, they pointed out that the case was complex and that the judicial authorities had acted with due diligence.
2. Period to be taken into consideration
3. Reasonableness of the length of the proceedings before the domestic courts
28 Concerning the question of the complexity of the present case, the Court observes that it mostly concerned an issue of calculation of the instalments due to the applicant company. Although the domestic courts were required to examine a certain amount of documentary evidence, the issues before them were not of such a nature as to necessitate prolonged consideration of the applicant company's case. Therefore, the Court concludes that the subject matter of the litigation at issue cannot be considered particularly complex.
II. OTHER ALLEGED VIOLATIONS 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
1 Declares the complaint under Article 6 §1 concerning the excessive length of the proceedings admissible and the remainder of the application inadmissible;
(a) that the respondent State is to pay the applicant company, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, EUR 600 (six hundred euros), plus any tax that may be chargeable, in respect of non-pecuniary damage to be converted into national currency of the respondent State 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 18 June 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Claudia Westerdiek Peer Lorenzen
1 1,340,214 euros (EUR)