16
EINARSSON v. ICELAND JUDGMENT
judgment and that the interest should run from the date when the present
judgement has become final.
62. However, the Court is of the view that the applicant’s interest in the
value of the present award being preserved has been sufficiently taken into
account in its assessment above and in point 3(b) of the operative part
below. In accordance with its standard practice, the Court considers it
appropriate that the default interest rate 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
1. Declares, unanimously, the application admissible;
2. Holds, by five votes to two, that there has been a violation of Article 8 of
the Convention;
3. Holds, unanimously, that the finding of a violation constitutes in itself
sufficient just satisfaction for the non-pecuniary damage sustained by the
applicant;
4. Holds, by a majority,
(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, to be converted into the currency of
the respondent State at the rate applicable at the date of settlement:
(i) EUR 17,500 (seventeen thousand five hundred 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;
5. Dismisses, unanimously, the remainder of the applicant’s claim for just
satisfaction.
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