DRAGOSTEA COPIILOR - PETROVSCHI - NAGORNII v. THE REPUBLIC OF MOLDOVA - 25575/08 - Chamber Judgment [2014] ECHR 590 (10 June 2014)

DRAGOSTEA COPIILOR - PETROVSCHI - NAGORNII v. THE REPUBLIC OF MOLDOVA - 25575/08 - Chamber Judgment [2014] ECHR 590 (10 June 2014)

The Court found the applicant's pecuniary claims speculative, as the school was never profitable and had losses before the impugned events. No pecuniary damages were awarded. For non-pecuniary damage, the Court awarded EUR 2,000 on an equitable basis. The full amount claimed for costs and expenses (EUR 4,300) was awarded as substantiated.

Citation
[2014] ECHR 590
Parties
Applicant Company: Dragostea Copiilor - Petrovschi - Nagornii; Respondent State: Republic of Moldova
Jurisdiction
European Union
Judgment Date
10 June 2014
Procedural Posture
Application Under Article 34 of the European Convention on Human Rights / Just Satisfaction Judgment Following Principal Judgment on Merits
Outcome
Applicant awarded EUR 2,000 for non-pecuniary damage and EUR 4,300 for costs and expenses; remainder of claim dismissed.
Legal Topics
Legal Certainty, Right to a Fair Trial, Protection of Property, Just Satisfaction
Human Rights Law Civil Procedure Legal Certainty Right to a Fair Trial Protection of Property Just Satisfaction

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Parties

Dragostea Copiilor - Petrovschi - Nagornii

Applicant Company

Republic of Moldova

Respondent State

Procedural Posture

Application Under Article 34 of the European Convention on Human Rights / Just Satisfaction Judgment Following Principal Judgment on Merits

Legal Issues

  1. 1 Whether the applicant company is entitled to just satisfaction under Article 41 of the Convention for breaches of Article 6 § 1 and Article 1 of Protocol No. 1

Ratio Decidendi

The Court found the applicant's pecuniary claims speculative, as the school was never profitable and had losses before the impugned events. No pecuniary damages were awarded. For non-pecuniary damage, the Court awarded EUR 2,000 on an equitable basis. The full amount claimed for costs and expenses (EUR 4,300) was awarded as substantiated.

Court Disposition

Applicant awarded EUR 2,000 for non-pecuniary damage and EUR 4,300 for costs and expenses; remainder of claim dismissed.

Orders

  • Respondent State to pay applicant company EUR 2,000 for non-pecuniary damage within three months.
  • Respondent State to pay applicant company EUR 4,300 for costs and expenses within three months.