CASE OF LOBATSKA v. UKRAINE
(Application no. 44674/05)
5 April 2012
This judgment is final but it may be subject to editorial revision.
In the case of Lobatska v. Ukraine,
The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:
Mark Villiger, President,
André Potocki, judges,
and Stephen Phillips, Deputy Section Registrar,
Having deliberated in private on 13 March 2012,
Delivers the following judgment, which was adopted on that date:
A. Proceedings concerning the annulment of the State registration of the Yuvileynyy Trade Centre
B. Proceedings for the annulment of sale contracts
13 On 23 March 2000 the applicant lodged additional claims.
I. COMPLAINT ABOUT THE LENGTH OF THE SECOND 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 ...”
29. The Court reiterates that the reasonableness of the length of proceedings must be assessed in the light of the circumstances of the case and with reference to the following criteria: the complexity of the case, the conduct of the applicant and the relevant authorities and what was at stake for the applicant in the dispute (see, among many other authorities, Frydlender v. France [GC], no. 30979/96, § 43, ECHR 2000-VII).
II. OTHER COMPLAINTS
III. APPLICATION OF ARTICLE 41 OF THE CONVENTION
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, EUR 1,200 (one thousand two hundred euros), plus any tax that may be chargeable, in respect of non-pecuniary damage, to be converted into 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 5 April 2012, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Stephen Phillips Mark Villiger
Deputy Registrar President