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MEDVEDYEV AND OTHERS v. FRANCE JUDGMENT
“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. Damage
136. The applicants claimed 10,000 euros (EUR) each in respect of
non-pecuniary damage.
137. The Government did not express an opinion on this matter.
138. Ruling on an equitable basis as required by Article 41 of the
Convention, the Court awards each of the applicants EUR 5,000 under this
head.
B. Costs and expenses
139. The applicants claimed EUR 10,000 for the costs and expenses
incurred before the Court. They submitted two requests for payment on
account, dated 24 April and 6 December 2008, each for EUR 5,000,
concerning the successive proceedings before the Chamber and the Grand
Chamber of the Court.
140. The Government did not comment.
141. The Court notes that the applicants have produced vouchers in
support of their claim. It considers reasonable the sum of EUR 10,000
claimed by the applicants and awards it to them jointly.
C. Default interest
142. The Court considers it appropriate that the default interest rate
should be based on the marginal lending rate of the European Central Bank,
to which should be added three percentage points.
FOR THESE REASONS, THE COURT
1. Holds, unanimously, that the applicants were within the jurisdiction of
France for the purposes of Article 1 of the Convention;
2. Holds, unanimously, that the Government are estopped from raising a
preliminary objection of incompatibility of the application and that
Article 5 § 1 applies to the present case;