NISKASAARI AND OTAVAMEDIA OY v. FINLAND JUDGMENT
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application must be rejected as manifestly ill-founded and declared
inadmissible pursuant to Article 35 §§ 3 (a) and 4 of the Convention.
IV. APPLICATION OF ARTICLE 41 OF THE CONVENTION
63. 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
64. The applicants claimed EUR 31,942.29 in respect of pecuniary
damage and the first applicant claimed EUR 5,000 in respect of
non-pecuniary damage.
65. The Government considered that, should the Court find a violation
of Article 10 of the Convention, the applicants should be awarded as
pecuniary damages the sums paid by them. As to the non-pecuniary
damage, the Government considered that the first applicant should be
awarded reasonable compensation for non-pecuniary damage which in the
circumstances of the present case should not exceed EUR 1,500.
66. The Court finds that there is a causal link between the violation
found and the pecuniary damage alleged and that, consequently, there is
justification for making an award to the applicants under that head. The
Court therefore awards the applicants the full sum claimed. In addition, the
Court considers that the first applicant must have sustained some nonpecuniary prejudice. Ruling on an equitable basis, it awards the first
applicant EUR 1,500 in respect of non-pecuniary damage.
B. Costs and expenses
67. The applicants also claimed EUR 18,500 for the costs and expenses
incurred before the domestic courts and EUR 5,000 for those incurred
before the Court.
68. The Government noted that the applicants had not submitted any
receipt for the payment of the amounts claimed in the domestic proceedings
or for the proceedings before the Court. In the Government’s view, the
claims made should therefore be rejected. At any rate, in their submission
the total amount of compensation should not exceed EUR 4,000 (inclusive
of value-added tax) for costs and expenses incurred in the domestic
proceedings and EUR 2,500 (inclusive of value-added tax).in respect of the
proceedings before the Court.
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