DRUZSTEVNI ZALOZNA PRIA AND OTHERS v. THE CZECH REPUBLIC - 72034/01 [2010] ECHR 57 (21 January 2010)

DRUZSTEVNI ZALOZNA PRIA AND OTHERS v. THE CZECH REPUBLIC - 72034/01 [2010] ECHR 57 (21 January 2010)

No causal link was established between the violations found (denial of access to business and accountancy papers and lack of adequate judicial review) and the pecuniary damage claimed by the applicant credit union. Therefore, no award for material or immaterial damage is made. However, the applicant credit union is entitled to reimbursement of certain legal costs and expenses incurred in proceedings seeking protection of its Convention rights, in the amount of EUR 24,615.

Citation
[2010] ECHR 57
Parties
Applicant Credit Union: DruZstevní záloZna Pria; Individual Applicant: Jiří Medek; Individual Applicant: František Zoubek; Individual Applicant: Vladimír Olšaník; Individual Applicant: Karel Pospíšil; Individual Applicant: Dagmar Kousalová; Individual Applicant: Josef Frommel; Individual Applicant: Ludmila Kramolišová; Individual Applicant: Jiřina Solaříková; Respondent State: Czech Republic
Jurisdiction
European Union
Judgment Date
21 January 2010
Procedural Posture
Application Under Article 34 ECHR / Just Satisfaction Judgment Following Principal Judgment
Outcome
Partial award for costs and expenses; remainder of claim dismissed.
Legal Topics
Article 6 ECHR (right to Fair Trial), Article 1 Protocol No. 1 ECHR (protection of Property), Just Satisfaction, Costs and Expenses
Human Rights Law Administrative Law Article 6 ECHR (right to Fair Trial) Article 1 Protocol No. 1 ECHR (protection of Property) Just Satisfaction Costs and Expenses

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Parties

DruZstevní záloZna Pria

Applicant Credit Union

Jiří Medek

Individual Applicant

František Zoubek

Individual Applicant

Vladimír Olšaník

Individual Applicant

Karel Pospíšil

Individual Applicant

Dagmar Kousalová

Individual Applicant

Josef Frommel

Individual Applicant

Ludmila Kramolišová

Individual Applicant

Jiřina Solaříková

Individual Applicant

Czech Republic

Respondent State

Procedural Posture

Application Under Article 34 ECHR / Just Satisfaction Judgment Following Principal Judgment

Legal Issues

  1. 1 Whether the applicant credit union is entitled to just satisfaction for violations of Article 6 and Article 1 of Protocol No. 1 ECHR
  2. 2 Whether there is a causal link between the violations found and the pecuniary damage claimed
  3. 3 Whether the applicant credit union is entitled to reimbursement of legal costs and expenses

Ratio Decidendi

No causal link was established between the violations found (denial of access to business and accountancy papers and lack of adequate judicial review) and the pecuniary damage claimed by the applicant credit union. Therefore, no award for material or immaterial damage is made. However, the applicant credit union is entitled to reimbursement of certain legal costs and expenses incurred in proceedings seeking protection of its Convention rights, in the amount of EUR 24,615.

Court Disposition

Partial award for costs and expenses; remainder of claim dismissed.

Orders

  • The respondent State is to pay the applicants EUR 24,615 in respect of costs and expenses, plus any tax chargeable, within three months from the date the judgment becomes final, to be converted into Czech korunas at the rate applicable at the date of settlement.
  • From expiry of the 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.