STARTSEV AND OTHERS v. RUSSIA - 44244/08 (Judgment (Merits and Just Satisfaction) : Court (Third Section Committee)) [2016] ECHR 365 (19 April 2016)

STARTSEV AND OTHERS v. RUSSIA - 44244/08 (Judgment (Merits and Just Satisfaction) : Court (Third Section Committee)) [2016] ECHR 365 (19 April 2016)

The State is responsible under the Convention for the debts of the municipal unitary enterprise due to lack of sufficient independence. The non-enforcement of final domestic judgments in favour of the applicants and lack of effective remedies violated Articles 6 and 13 of the Convention and Article 1 of Protocol No. 1.

Citation
[2016] ECHR 365
Parties
Applicants: Mr Nikolay Startsev and 15 others; Respondent: Russian Federation
Jurisdiction
European Union
Judgment Date
19 April 2016
Procedural Posture
Application to the European Court of Human Rights / Final Judgment
Outcome
Application admissible; violation of Articles 6 and 13 of the Convention and Article 1 of Protocol No. 1 found; just satisfaction awarded.
Legal Topics
Non Enforcement of Judgments, State Responsibility for Debts of Municipal Enterprises, Right to a Fair Trial, Right to an Effective Remedy, Peaceful Enjoyment of Possessions
Human Rights Law Labour Law Non Enforcement of Judgments State Responsibility for Debts of Municipal Enterprises Right to a Fair Trial Right to an Effective Remedy Peaceful Enjoyment of Possessions

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Parties

Mr Nikolay Startsev and 15 others

Applicants

Russian Federation

Respondent

Procedural Posture

Application to the European Court of Human Rights / Final Judgment

Legal Issues

  1. 1 Whether the State is responsible under the Convention for debts of a municipal unitary enterprise
  2. 2 Whether non-enforcement of domestic judgments in favour of applicants violated Articles 6 and 13 of the Convention and Article 1 of Protocol No. 1
  3. 3 Whether effective remedies existed for the applicants

Ratio Decidendi

The State is responsible under the Convention for the debts of the municipal unitary enterprise due to lack of sufficient independence. The non-enforcement of final domestic judgments in favour of the applicants and lack of effective remedies violated Articles 6 and 13 of the Convention and Article 1 of Protocol No. 1.

Court Disposition

Application admissible; violation of Articles 6 and 13 of the Convention and Article 1 of Protocol No. 1 found; just satisfaction awarded.

Orders

  • Respondent State to pay specified pecuniary damages to each applicant within three months, plus any tax chargeable, converted to the respondent State's currency at the date of settlement.
  • Respondent State to pay EUR 2,000 to each applicant for non-pecuniary damage.