22
OTEGI MONDRAGON v. SPAIN JUDGMENT
III. APPLICATION OF ARTICLE 41 OF THE CONVENTION
66. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols
thereto, and if the internal law of the High Contracting Party concerned allows only
partial reparation to be made, the Court shall, if necessary, afford just satisfaction to
the injured party.”
A. Pecuniary damage
67. The applicant claimed 78,586 euros (EUR) in respect of pecuniary
damage. He submitted that this amount corresponded to the losses actually
sustained as a direct consequence of the alleged violation, and especially the
loss of his allowance as a member of parliament on account of his
imprisonment from 8 June 2007 to 30 August 2008.
68. The Government contested the claim.
69. The Court does not discern any causal link between the violation
found and the pecuniary damage alleged; it therefore rejects this claim.
B. Non-pecuniary damage
70. The applicant claimed EUR 30,000 in respect of non-pecuniary
damage.
71. The Government considered the amount claimed to be excessive.
72. The Court considers that the applicant sustained, on account of the
violation found, non-pecuniary damage that cannot be compensated by the
mere finding of a violation. Ruling on an equitable basis as required by
Article 41 of the Convention, it awards the applicant the sum of
EUR 20,000 in respect of non-pecuniary damage.
C. Costs and expenses
73. The applicant also claimed EUR 3,000 for the costs and expenses
incurred before the Court.
74. The Government contested the claim.
75. In the present case, regard being had to the documents in its
possession and its case-law, the Court considers it reasonable to award the
applicant the sum of EUR 3,000 for the proceedings before the Court.