TARNOPOLSKAYA AND OTHERS v. RUSSIA - 11093/07 [2009] ECHR 1083 (9 July 2009)

TARNOPOLSKAYA AND OTHERS v. RUSSIA - 11093/07 [2009] ECHR 1083 (9 July 2009)

The quashing of final judgments in the applicants' favour by way of supervisory review was not justified by exceptional circumstances and violated the principle of legal certainty under Article 6 of the Convention and deprived applicants of possessions under Article 1 of Protocol No. 1.

Source-derived case information.

Citation
[2009] ECHR 1083
Parties
Applicant: Olena Tarnopolskaya; Applicant: Natalya Rubenchik; Applicant: Zinoviy Getselev; Applicant: Yenya Luder; Applicant: Lyubov Gorfunkel; Applicant: Bella Slavina; Applicant: Yelena Sablonskaya; Applicant: Mikhail Drukker; Applicant: Maya Zak; Applicant: Irina Drukker; Applicant: Berta Polonetskaya; Applicant: Khana Skorupa; Applicant: Yuzef Lipkin; Applicant: Arnold Zak; Applicant: Vladimir Sorkin; Applicant: Elyena Margolina; Applicant: Pavel Dybkin; Applicant: Esya Lamedman; Applicant: Yuliy Berman; Applicant: Lidiya Berlin; Respondent: Russian Federation
Jurisdiction
European Union
Procedural Posture
European Court of Human Rights Application / Judgment After Joinder and Merits Hearing
Outcome
Applications joined; complaints regarding quashing of judgments declared admissible; violation of Article 6 and Article 1 of Protocol No. 1 found; pecuniary and non-pecuniary damages awarded; remainder of claims dismissed.
Legal Topics
Supervisory Review, Legal Certainty, Right to a Court, Peaceful Enjoyment of Possessions, Pension Rights, Retroactive Deprivation, Non Pecuniary Damage
Human Rights Civil Procedure Social Security Supervisory Review Legal Certainty Right to a Court Peaceful Enjoyment of Possessions Pension Rights +2 more

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Parties

Olena Tarnopolskaya

Applicant

Natalya Rubenchik

Applicant

Zinoviy Getselev

Applicant

Yenya Luder

Applicant

Lyubov Gorfunkel

Applicant

Bella Slavina

Applicant

Yelena Sablonskaya

Applicant

Mikhail Drukker

Applicant

Maya Zak

Applicant

Irina Drukker

Applicant

Berta Polonetskaya

Applicant

Khana Skorupa

Applicant

Yuzef Lipkin

Applicant

Arnold Zak

Applicant

Vladimir Sorkin

Applicant

Elyena Margolina

Applicant

Pavel Dybkin

Applicant

Esya Lamedman

Applicant

Yuliy Berman

Applicant

Lidiya Berlin

Applicant

Russian Federation

Respondent

Procedural Posture

European Court of Human Rights Application / Judgment After Joinder and Merits Hearing

  1. 1 Whether the quashing of binding and enforceable judgments in applicants' favour by way of supervisory review violated Article 6 of the Convention and Article 1 of Protocol No. 1
  2. 2 Whether the applicants were entitled to pecuniary and non-pecuniary damages for the quashing of their judgments

Ratio Decidendi

The quashing of final judgments in the applicants' favour by way of supervisory review was not justified by exceptional circumstances and violated the principle of legal certainty under Article 6 of the Convention and deprived applicants of possessions under Article 1 of Protocol No. 1.

Court Disposition

Applications joined; complaints regarding quashing of judgments declared admissible; violation of Article 6 and Article 1 of Protocol No. 1 found; pecuniary and non-pecuniary damages awarded; remainder of claims dismissed.

Orders

  • Respondent State to pay specified sums in euros to applicants for pecuniary and non-pecuniary damage within three months, converted to Russian roubles at the date of settlement.
  • Default interest at the marginal lending rate of the European Central Bank plus three percentage points from expiry of three months until settlement.