OOO FLAVUS AND OTHERS v. RUSSIA JUDGMENT
IV. APPLICATION OF ARTICLE 41 OF THE CONVENTION
56. 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.”
57. The first and second applicants claimed 20,000 euros (EUR) each
and the third applicant EUR 10,000 in respect of non-pecuniary damage.
They submitted that the number of monthly visitors to grani.ru had
plummeted from 1.6 million to less than 0.3 million, that their websites had
been downgraded in the news rankings, and that links to archived
publications had been removed. The third applicant also claimed EUR 1,000
in respect of legal costs.
58. The Government submitted that the claims in respect of
non-pecuniary damage were unreasonable and excessive. The third
applicant had not produced proof of payment for legal services.
59. The Court awards the applicants EUR 10,000 each in respect of
non-pecuniary damage and the third applicant the amount claimed in respect
of legal costs, plus any tax that may be chargeable.
60. 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, UNANIMOUSLY,
1. Decides to join the applications;
2. Declares the applications admissible;
3. Holds that there has been a violation of Article 10 of the Convention;
4. Holds that there has been a violation of Article 13 of the Convention,
taken in conjunction with Article 10;
5. Holds
(a) that the respondent State is to pay, within three months from the date
on which the judgment becomes final in accordance with
Article 44 § 2 of the Convention, the following amounts, to be
converted into the currency of the respondent State at the rate
applicable at the date of settlement:
(i) EUR 10,000 (ten thousand euros) to each applicant, plus any tax
that may be chargeable, in respect of non-pecuniary damage;
18