EUROPEAN COURT OF HUMAN RIGHTS
FIRST SECTION
CASE OF REYNBAKH v. RUSSIA
(Application No. 23405/03)
JUDGMENT <*>
(Strasbourg, 29.IX.2005)
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<*> This judgment will become final in the circumstances set
out in Article 44 з 2 of the Convention. It may be subject to
editorial revision.
In the case of Reynbakh v. Russia,
The European Court of Human Rights (First Section), sitting as
a Chamber composed of:
Mr C.L. Rozakis, President,
Mr P. Lorenzen,
Mrs S. Botoucharova,
Mr A. Kovler,
Mr K. Hajiyev,
Mr D. Spielmann,
Mr S.E. Jebens, judges,
and Mr S. Nielsen, Section Registrar,
Having deliberated in private on 8 September 2005,
Delivers the following judgment, which was adopted on that
date:
PROCEDURE
1. The case originated in an application (No. 23405/03) against
the Russian Federation lodged with the Court under Article 34 of
the Convention for the Protection of Human Rights and Fundamental
Freedoms ("the Convention") by a Russian national, Mr Sergey
Sergeyevich Reynbakh, on 1 March 2002.
2. The Russian Government ("the Government") were represented
by Mr P. Laptev, Representative of the Russian Federation at the
European Court of Human Rights.
3. On 25 June 2004 the Court decided to communicate the
application to the Government. Under the provisions of Article 29
з 3 of the Convention, it decided to examine the merits of the
application at the same time as its admissibility.
THE FACTS
The circumstances of the case
4. The applicant was born in 1946 and lives in the Sakha
(Yakutia) Republic of the Russian Federation.
1. Proceedings against the applicant's former employer
5. On 11 January and 14 December 1999 the Yakutsk Town Court
granted the applicant's claims against his former employer, a
public company "Sakhaavialinii" (ОАО Авиакомпания "Сахаавиалинии",
"the company"), and ordered payment of wage arrears and court
fees.
6. It appears that the judgments could not be enforced as the
company went bankrupt. In July 2000 the court bailiffs forwarded
the writs of execution to the company's receiver.
7. On an unspecified date the applicant sued the receiver. He
claimed that the amounts outstanding should be adjusted for
inflation.
8. On 17 January 2003 the Neryungri Town Court discontinued the
proceedings on the ground that the applicant had failed to appear
at the hearings of 27 December 2002 and 17 January 2003, despite
having been duly notified thereof. The applicant did not appeal
against that decision.
9. In March 2004 the applicant for the second time sued the
company's receiver, asking to increase the amounts to take account
of the inflation.
10. On 5 May 2004 the Yakutsk Town Court dismissed his claim
because the company had been declared bankrupt in 2003 and had
ceased to exist. On 30 June 2004 the Supreme Court of the Sakha
(Yakutia) Republic upheld the judgment on appeal.
2. Proceedings for the enforcement
of a State promissory note
11. The applicant brought a civil action against the Russian
Government. He sought to enforce a State-issued promissory note
for the purchase of a Russian-made car or to recover the monetary
value thereof.
12. On 6 June 2000 the Basmanniy District Court of Moscow
granted the applicant's action and awarded him 63,000 Russian
roubles ("RUR", EUR 2,360). The judgment was not appealed against
and it became final and enforceable.
13. The applicant was issued with a writ of execution which he
submitted to the court bailiffs' service. On 26 April 2001 a
bailiff of the 2nd Interdistrict Court Bailiffs' Service of the
Central Administrative District of Moscow refused to accept the
writ because the law on budget for the year 2001 and the
implementing Government regulation, introduced in December 2000,
established that writs against the Treasury were to be submitted
directly to the Federal Treasury.
14. On 13 August 2001 the applicant sued the Neryungri
Department of the Federal Treasury seeking enforcement of the
judgment of 6 June 2000 and adjustment of the judgment debt for
inflation. His claim was dismissed in the final instance on 5
December 2001 by the Supreme Court of the Sakha Republic as having
no grounds in the domestic law.
15. On 24 October 2001 the applicant also complained about the
allegedly unlawful decision of the Moscow bailiff's service to the
Basmanniy District Court of Moscow. On 24 December 2002 the Moscow
City Court dismissed the applicant's complaint in the final
instance. It found that the bailiff had acted lawfully. The
applicant received a copy of the judgment on 19 July 2003.
16. The judgment of 6 June 2000 remains unenforced to date.
THE LAW
I. Alleged violation of Article 6 з 1 of the
Convention and Article 1 of Protocol No. 1
17. The applicant complained that the continued non-enforcement
of the judgments of 11 January and 14 December 1999 and that of 6
June 2000 violated his right of access to a court enshrined in
Article 6 of the Convention and his right to peaceful enjoyment of
possessions guaranteed by Article 1 of Protocol No. 1. The
relevant parts of these provisions read as follows:
Article 6 з 1
"In the determination of his civil rights and obligations...,
everyone is entitled to a fair... hearing... 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.
The preceding provisions shall not, however, in any way impair
the right of a State to enforce such laws as it deems necessary to
control the use of property in accordance with the general
interest or to secure the payment of taxes or other contributions
or penalties."
A. Admissibility
1. Non-enforcement of the judgments against
the applicant's former employer
18. The Court recalls that, according to Article 34 of the
Convention, it can only deal with applications alleging a
violation of the rights guaranteed by the Convention claimed to
have been committed by State bodies. The Court has no jurisdiction
to consider applications directed against private individuals or
businesses (see, among other authorities, {Ciprova} <*> v. the
Czech Republic (dec.), No. 33273/03, 22 March 2005; {Mihailescu}
v. Romania (dec.), No. 47748/99, 26 August 2003; Sanglier v.
France, No. 50342/99, з 39, 27 May 2003). Turning to the instant
case, the Court notes that the debtor was a public company. The
company was not owned by the State, did not exercise any public
functions and the State does not appear to have had effective
control of it. The Court observes that the judgments against the
company could not be enforced due to the company's lack of funds
and its subsequent bankruptcy. There is nothing to indicate that
the State may be responsible for the continued non-enforcement of
the judgments.
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<*> Здесь и далее по тексту слова на национальном языке набраны
латинским шрифтом и выделены фигурными скобками.
19. It follows that this part of the application is
incompatible ratione personae with the provisions of the
Convention within the meaning of Article 35 з 3 and must be
rejected in accordance with Article 35 з 4.
2. Non-enforcement of the judgment against the Treasury
20. The Court notes that this part of the application is not
manifestly ill-founded within the meaning of Article 35 з 3 of the
Convention. It further notes that it is not inadmissible on any
other grounds. It must therefore be declared admissible.
B. Merits
21. The Government claimed that the applicant failed to submit
the writ of execution and the original promissory notes to the
federal treasury. According to the domestic law, judgments remain
enforceable for three years. After the three-year time-limit
expired, the judgment of 6 June 2000 was no longer enforceable.
22. The applicant responded that the requirement was introduced
in December 2000 and that the bailiffs had had sufficient time to
ensure enforcement before that date. He maintained that he could
not submit the original promissory notes to the federal treasury
because they were kept with the case file at the Basmanniy
District Court of Moscow. It was not before December 2003 that the
court returned the documents. By that time the time-limit for
enforcement had already expired.
23. The Court observes that on 6 June 2000 the applicant
obtained a judgment in his favour against the federal treasury,
which has not been enforced to date. A competent State agency, the
bailiffs' service, was promptly served with the writ of execution.
The Government did not explain why the bailiffs had taken no steps
to enforce the judgment within the two-month enforcement period
established in the domestic law. It is true that the applicant did
not resubmit the writ of execution to a different authority after
the changes in the domestic law had been introduced in December
2000. However, the Court considers that it is incumbent on the
State to organise its legal system in such a way that ensures co-
ordination between various enforcement agencies and secures
honouring of the State's judgment debts in good time, irrespective
of changes in the domestic law. It would impose an excessive
burden on the applicant if he were to follow every such change and
forward the writ of execution from one competent State agency to
another.
24. In any event, the Court reiterates that a person who has
obtained an enforceable judgment against the State as a result of
successful litigation cannot be required to resort to enforcement
proceedings in order to have it executed (see Koltsov v. Russia,
No. 41304/02, з 16, 24 February 2005; Petrushko v. Russia, No.
36494/02, з 18, 24 February 2005; and Metaxas v. Greece, No.
8415/02, з 19, 27 May 2004). The State authorities were aware of
the applicant's claims, and, as soon as the judgment in the
applicant's favour became enforceable, it was incumbent on the
State to comply with it.
25. The respondent Government did not provide any explanation
as to why the judgment in the applicant's favour has not been
enforced. It does not appear that the bailiffs or the federal
treasury have taken any measures to comply with the judgment. In
fact, the judgment has remained without enforcement to date, that
is for more than five years since it was issued.
26. The Court has frequently found violations of Article 6 з 1
of the Convention and Article 1 of Protocol No. 1 in cases raising
issues similar to the ones in the present case (see Gizzatova v.
Russia, No. 5124/03, з 19 et seq., 13 January 2005; Petrushko v.
Russia, cited above, з 23 et seq.; Wasserman v. Russia, No.
15021/02, з 35 et seq., 18 November 2004; Burdov v. Russia, No.
59498/00, з 34 et seq., ECHR 2002-III).
27. Having examined the material submitted to it, the Court
notes that the Government have not put forward any fact or
argument capable of persuading it to reach a different conclusion
in the present case. Having regard to its case-law on the subject,
the Court finds that by failing for years to comply with the
enforceable judgment in the applicant's favour the domestic
authorities prevented him from receiving the money he could
reasonably have expected to receive.
28. There has accordingly been a violation of Article 6 of the
Convention and Article 1 of Protocol No. 1.
II. Other alleged violations of the Convention
29. The applicant complains under Article 6 about unfairness
and excessive length of the proceedings leading up to the judgment
of the Supreme Court of the Sakha Republic of 5 December 2001 and
of those that culminated in the judgment of the Moscow City Court
of 24 December 2002.
30. The Court has examined the complaints as submitted by the
applicant. However, having regard to all the material in its
possession, it finds that these complaints 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 зз 3 and 4 of the Convention.
III. Application of Article 41 of the Convention
31. Article 41 of the Convention provides:
"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."
A. Damage
32. As regards the pecuniary damage, the applicant claimed
105,531 Russian roubles (RUR), which represents the principal due
to him under the judgment of 6 June 2000 adjusted by the inflation
coefficient of 167,51%. He submits that this sum would not
entirely compensate the damage because the value of the Russian-
made car is now RUR 240,000. As to the non-pecuniary damage, the
applicant leaves the determination of the amount to the Court's
discretion.
33. The Government considered that the finding of a violation
would in itself constitute sufficient just satisfaction.
34. The Court reiterates that the most appropriate form of
redress in respect of a violation of Article 6 is to ensure that
the applicant as far as possible is put in the position in which
he would have been had the requirements of Article 6 not been
disregarded (see Piersack v. Belgium (Article 50), judgment of 26
October 1984, Series A No. 85, p. 16, з 12; and, mutatis mutandis,
{Gencel} v. Turkey, No. 53431/99, з 27, 23 October 2003). Turning
to the instant case, the Court observes that the three-year time-
limit for enforcement has expired. Accordingly, the enforcement of
the judgment of 6 June 2000 is no longer possible. This indicates
the existence of a causal link between the violation found and the
alleged pecuniary damage. However, the applicant was awarded a
fixed sum of money. The Court does not discern a causal link
between the violation found and the applicant's claim for the
payment of the current value of the Russian-made car.
35. The Court further notes that in the present case it found a
violation of Article 6 з 1 of the Convention and Article 1 of
Protocol No. 1 in that the award in the applicant's favour had not
been paid to him. In this connection the Court recalls that the
adequacy of the compensation would be diminished if it were to be
paid without reference to various circumstances liable to reduce
its value, such as an extended delay in enforcement (see Gizzatova
v. Russia, cited above, з 28; Metaxas v. Greece, cited above, з
36). The applicant submitted a certificate of the Neryungri State
Department of Statistics showing that the inflation rate in the
reference period was 167,51%. Taking into account that the
Government did not dispute the method of calculation employed by
the applicant, the Court accepts the applicant's claim in respect
of the pecuniary damage and awards him the sum of RUR 105,531
under this head, plus any tax that may be chargeable on that
amount.
36. The Court also accepts that the applicant suffered distress
because of the State authorities' failure to enforce a judgment in
his favour. The Court takes into account the amount and nature of
the award in the instant case, a long period of the authorities'
inactivity, and the fact that the judgment has not been enforced.
Making its assessment on an equitable basis, it awards the
applicant EUR 2,500 in respect of non-pecuniary damage, plus any
tax that may be chargeable on that amount.
B. Costs and expenses
37. The applicant asked for reimbursement of his legal fees.
However, he did not specify the amount, nor did he submit any
receipts or other vouchers on the basis of which such amount could
be established. Accordingly, the Court does not make any award
under this head.
C. Default interest
38. The Court considers it appropriate that the default
interest should be based on the marginal lending rate of the
European Central Bank, to which should be added three percentage
points.
FOR THESE REASONS, THE COURT UNANIMOUSLY
1. Declares the complaint concerning non-enforcement of the
judgment of 6 June 2000 admissible and the remainder of the
application inadmissible;
2. Holds that there has been a violation of Article 6 of the
Convention and Article 1 of Protocol No. 1;
3. Holds
(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 з 2 of the Convention, the following
amounts:
(i) RUR 105,531 (one hundred and five thousand five hundred
thirty-one Russian roubles) in respect of the pecuniary damage;
(ii) EUR 2,500 (two thousand and five hundred euros) in respect
of non-pecuniary damage, to be converted into Russian roubles at
the rate applicable at the date of settlement;
(iii) any tax that may be chargeable on the above amounts;
(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;
4. Dismisses the remainder of the applicant's claim for just
satisfaction.
Done in English, and notified in writing on 29 September 2005,
pursuant to Rule 77 зз 2 and 3 of the Rules of Court.
Christos ROZAKIS
President
{Soren} NIELSEN
Registrar
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