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MAKARATZIS v. GREECE JUDGMENT
IV. APPLICATION OF ARTICLE 41 OF THE CONVENTION
87. 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. Damage
1. Pecuniary damage
88. The applicant claimed 60,000 euros (EUR) for loss of income over a
period of twenty months after the incident and a reduction of his income for
the next fifteen years.
89. The Government claimed that this amount was excessive and
unjustified. They contended that even before the incident the applicant had
been facing psychological problems which had prevented him from
working.
90. The Court notes that the claim relates to loss of income which was
allegedly incurred over a period of twenty months after the incident, and to
alleged future loss of income. It observes, however, that no supporting
details have been provided for these losses, which must therefore be
regarded as largely speculative. For this reason, the Court makes no award
under this head.
2. Non-pecuniary damage
91. The applicant claimed EUR 75,000 for non-pecuniary damage in
respect of the anxiety, fear, pain and injury he suffered. He claimed that his
life was ruined.
92. The Government reiterated that, by his dangerous behaviour, the
applicant had put the lives of innocent people at risk. They contended that
the finding of a violation of the Convention would constitute sufficient just
satisfaction.
93. Having regard to all the circumstances of the present case, the Court
accepts that the applicant has suffered non-pecuniary damage which cannot
be compensated solely by the findings of violations. Making its assessment
on an equitable basis, the Court awards the applicant EUR 15,000 under this
head.