DUMA v. UKRAINE - 39422/04 [2006] ECHR 1017 (30 November 2006)

DUMA v. UKRAINE - 39422/04 [2006] ECHR 1017 (30 November 2006)

The Court found that the judgment of 9 October 1998 remained unenforced for six years and ten months, and the Government failed to provide any convincing justification. This constituted a violation of Article 6 § 1 and Article 1 of Protocol No. 1.

Citation
[2006] ECHR 1017
Parties
Applicant: Ivan Ivanovich Duma; Respondent: Ukraine
Jurisdiction
European Union
Judgment Date
30 November 2006
Procedural Posture
Application Under Article 34 of the European Convention on Human Rights / Judgment on Merits and Admissibility
Outcome
application allowed; violations found
Legal Topics
Non Enforcement of Domestic Judgment, Right to a Fair Trial, Peaceful Enjoyment of Possessions
Human Rights Law Civil Procedure Non Enforcement of Domestic Judgment Right to a Fair Trial Peaceful Enjoyment of Possessions

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Parties

Ivan Ivanovich Duma

Applicant

Ukraine

Respondent

Procedural Posture

Application Under Article 34 of the European Convention on Human Rights / Judgment on Merits and Admissibility

Legal Issues

  1. 1 Whether the prolonged non-enforcement of a domestic judgment in favour of the applicant violated Article 6 § 1 of the Convention and Article 1 of Protocol No. 1

Ratio Decidendi

The Court found that the judgment of 9 October 1998 remained unenforced for six years and ten months, and the Government failed to provide any convincing justification. This constituted a violation of Article 6 § 1 and Article 1 of Protocol No. 1.

Court Disposition

application allowed; violations found

Orders

  • The respondent State is to pay the applicant EUR 2,600 in respect of non-pecuniary damage within three months from the date the judgment becomes final, to be converted into the currency of the respondent State at the rate applicable on the date of settlement, plus any tax that may be chargeable.
  • From the expiry of the above-mentioned 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.