THIRD SECTION
\nCASE OF INDAYEVA AND SULTANOV v. RUSSIA
\n(Applications nos. 58821\/08 and 18360\/13)
\nJUDGMENT<\/p>\n
STRASBOURG
\n10 March 2020<\/p>\n
This judgment is final but it may be subject to editorial revision.<\/p>\n
In the case of Indayeva and Sultanov v. Russia,<\/strong><\/p>\n The European Court of Human Rights (Third Section), sitting as a Committee composed of: Having deliberated in private on 11 February 2020,<\/p>\n Delivers the following judgment, which was adopted on that date:<\/p>\n PROCEDURE<\/strong><\/p>\n 1. The case originated in two applications (nos.\u00a058821\/08 and 18360\/13) against the Russian Federation lodged with the Court under Article\u00a034 of the Convention for the Protection of Human Rights and Fundamental Freedoms (\u201cthe Convention\u201d) by two Russian nationals, Ms Lipa Nozhayevna Indayeva (\u201cthe first applicant\u201d) and Mr Shamkhan Sultanovich Sultanov (\u201cthe second applicant\u201d), on 6 August 2008 and 18February 2013 respectively.<\/p>\n 2. The first applicant was initially represented by Mr U. S.-M. Khasiyev and since 2016 also by Ms E.M. Khalimova,lawyers practising in Grozny. The second applicant was represented by Ms E.M. Khalimova. The Russian Government (\u201cthe Government\u201d) were represented by Mr G.\u00a0Matyushkin, the Representative of the Russian Federation to the European Court of Human Rights, and then by his successor in that office, Mr M. Galperin.<\/p>\n 3. In the wake of the pilot judgment in the case of Gerasimov and\u00a0Others v.\u00a0Russia, on 24\u00a0November 2014 the complaints concerning the non\u2011enforcement of the judgments in the applicants\u2019 favour and the lack of the effective remedy in respect of the non-enforcement complaintwere communicated to the Government for settlement or resolution (see Gerasimov and Others v.\u00a0Russia, nos.\u00a029920\/05 and 10\u00a0others, \u00a7\u00a7\u00a0230-31 and point\u00a013 of the operative part, 1\u00a0July 2014), and the remainder of the applications was declared inadmissible pursuant to Rule 54\u00a0\u00a7\u00a03 of the Rules of Court.On 29\u00a0September 2016 the Government advised the Court that they were unable to settle the applications, as the domestic judgments in the applicants\u2019 favour had remained unenforced.<\/p>\n THE FACTS<\/strong><\/p>\n I. THE CIRCUMSTANCES OF THE CASE<\/p>\n 4. Theapplicants were born in 1958 and 1960 respectively and live in Groznyy and Verkhniy Naur, Chechnya.<\/p>\n A. Background of the cases<\/strong><\/p>\n 5. At the relevant time the applicants were residents of Chechnya. Their property was damaged in the course of a counterterrorist operation in\u00a01999\u20112000. They sought to obtain no-fault compensation provided for by Government Decree no.\u00a0404 of 4\u00a0July 2003. That decree established the right of all permanent residents of the Chechen Republic who had lost their housing and any possessions therein after 12\u00a0December 1994 to receive compensation up to a maximum amount of 300,000 Russian roubles (RUB) for housing and RUB\u00a050,000 for other possessions. The decree was subsequently changed on several occasions. In 2012 its application was extended beyond the initially determined period of 2003-2004.<\/p>\n 6. The applicants\u2019 individual situations can be summarised as follows.<\/p>\n B. Individual circumstances of the applicants\u2019 cases<\/strong><\/p>\n 1. Judgment of 28\u00a0February 2005 in the first applicant\u2019s favour (case no.\u00a058821\/08)<\/em><\/p>\n 7. The first applicant owned ahalf of the house no.\u00a013 at Magistralnaya Street, Grozny. The house was completely destroyedduring the hostilities in 1999-2000, as confirmed by the evaluation report dated 30\u00a0September 2003.<\/p>\n 8. On 4\u00a0November 2003 she submitted an application for administrative compensation to the Commission for compensation for lost property (\u041a\u043e\u043c\u0438\u0441\u0441\u0438\u044f \u043f\u043e \u0440\u0430\u0441\u0441\u043c\u043e\u0442\u0440\u0435\u043d\u0438\u044e \u0437\u0430\u044f\u0432\u043b\u0435\u043d\u0438\u0439 \u0433\u0440\u0430\u0436\u0434\u0430\u043d \u043e \u043a\u043e\u043c\u043f\u0435\u043d\u0441\u0430\u0446\u0438\u043e\u043d\u043d\u044b\u0445 \u0432\u044b\u043f\u043b\u0430\u0442\u0430\u0445 \u0437\u0430 \u0443\u0442\u0440\u0430\u0447\u0435\u043d\u043d\u043e\u0435 \u0436\u0438\u043b\u044c\u0435 \u0438 \u0438\u043c\u0443\u0449\u0435\u0441\u0442\u0432\u043e, hereafter \u201cthe Commission\u201d) and provided requisite documents. She received an acknowledgment of receipt of documents (nos. 03\/6748, 03\/14465). Despite her repeated requests in April-September 2004, she received no reply. She complained to a district court about the Commission\u2019s failure to act.<\/p>\n 9. On 28\u00a0February 2005 the Staropromyslovskiy District Court of Grozny declared the Commission\u2019s inaction unlawful and ordered the Commission \u201cto take a decision on the issue of payment of the compensation for destroyed housing to [the applicant]\u201d. The judgment entered into force on 11\u00a0March 2005.<\/p>\n 10. In May 2006 the Commission informed the applicant that her application in respect of the destroyed house \u201cwould be included in the list of destroyed housing\u201d once the technical units of the Federal authority on construction and municipal services (\u0442\u0435\u0445\u043d\u0438\u0447\u0435\u0441\u043a\u0438\u0435 \u0433\u0440\u0443\u043f\u043f\u044b \u0424\u0435\u0434\u0435\u0440\u0430\u043b\u044c\u043d\u043e\u0433\u043e \u0430\u0433\u0435\u043d\u0442\u0441\u0442\u0432\u0430 \u043f\u043e \u0441\u0442\u0440\u043e\u0438\u0442\u0435\u043b\u044c\u0441\u0442\u0432\u0443 \u0438 \u0416\u041a\u0425 \u043f\u043e \u0444\u043e\u0440\u043c\u0438\u0440\u043e\u0432\u0430\u043d\u0438\u044e \u043f\u0435\u0440\u0435\u0447\u043d\u044f \u0440\u0430\u0437\u0440\u0443\u0448\u0435\u043d\u043d\u043e\u0433\u043e \u0436\u0438\u043b\u044c\u044f \u043d\u0430 \u0442\u0435\u0440\u0440\u0438\u0442\u043e\u0440\u0438\u0438 \u0427\u0435\u0447\u0435\u043d\u0441\u043a\u043e\u0439 \u0440\u0435\u0441\u043f\u0443\u0431\u043b\u0438\u043a\u0438, hereafter \u201cthe technical units\u201d) complete examination of all destroyed housing in Chechnya.<\/p>\n 11. In 2008 the Commission informed the applicant that the decision as to whether her house was to be included in the list of destroyed housing could not be taken in the absence of replies from the Federal Migration Service, Ministry of Interior and a technical inventory company.<\/p>\n 12. The applicant sued the Government of the Chechen Republic and the Ministry of Finance of Chechnya for compensation of pecuniary and non\u2011pecuniary damage resulting from the Commission\u2019s failure to act. On 14\u00a0April 2008 the Staropromyslovskiy District Court rejected her claim, pointing out that the Commission was unable to proceed in the absence of a corresponding entry in the register of destroyed buildings (\u201cthe register\u201d), which was to be updated by a technical unit. On 24\u00a0June 2008 the Supreme Court of Chechnya upheld the judgment on appeal.<\/p>\n 2. Judgment of 26\u00a0July 2011 in the second applicant\u2019s favour (application no.\u00a018360\/13)<\/em><\/p>\n 13. The second applicant owned a two-room flat at Proletarskaya, 72, apt.\u00a04 in Grozny (as confirmed by the decision of 11\u00a0February 2005 of the Leninskiy District Court of Grozny). The house was completely destroyed during the hostilities in 1999-2000, as subsequently confirmed by an evaluation report of 10\u00a0February 2009.<\/p>\n 14. On 27\u00a0April 2005 the applicant submitted an application for administrative compensation to the Commission and provided requisite documents.It follows from the letter of the Commission to the Ombudsman of the Chechen republic dated 15\u00a0June 2007 that at some point a technical unit had examined the applicant\u2019s living premises and issued a \u201cpositive conclusion\u201d. The Commission undertook to include the applicant\u2019s application no.\u00a022\/10034 into the list of destroyed housing.<\/p>\n 15. The applicant on several occasions requested to accelerate the provision of the housing, as his flat was destroyed and he had six minor children, two of them suffering from disabilities. In March 2009 he was registered as a person eligible for social housing because his flat had been destroyed, and put on the waiting list for housing provision. In 2011 his number in that list was 4398.<\/p>\n 16. In July 2011 the applicant learned that his application had not been examined by the Commission sincein August 2005 the work of the technical unit had been put on hold and the list of destroyed housing has not been updated since that time.<\/p>\n 17. On 26\u00a0July 2011 the Leninskiy District Court of Grozny granted the applicant\u2019s claim against the Secretariat of the Commission \u201cto be included in the list of recipients of the compensation, with subsequent payment of the compensation for housing and property destroyed during the hostilities on the territory of the Chechen Republic\u201d. The court declared unlawful the Commission\u2019s failure to include the applicant\u2019s name in the lists of persons receiving the compensation andordered the Secretariat of the Commission \u201cto include the applicant\u2019s name in the list of persons in receipt of the compensation(\u0432\u0441\u043f\u0438\u0441\u043e\u043a\u043f\u043e\u043b\u0443\u0447\u0430\u0442\u0435\u043b\u0435\u0439\u043a\u043e\u043c\u043f\u0435\u043d\u0441\u0430\u0446\u0438\u0438)\u201d.<\/p>\n 18. The judgment entered into force on 9\u00a0August 2011. In October 2011 the district court issued a writ of execution and forwarded it to the bailiffs service. On 4\u00a0May 2012 the bailiffs discontinued the enforcement proceedings owning to the impossibility to execute the writ.<\/p>\n 19. On 16\u00a0May 2012 the Commission informed the applicant that his flat had not been entered in the register of destroyed buildings.<\/p>\n 20. In April 2012 applicant sought to obtain damages from the Commission and the Ministry of Finance of the Russian Federation. On 31\u00a0July 2012 the Leninskiy District Court of Grozny dismissed his action, as the applicant had failed to prove the authorities\u2019 fault. On 8\u00a0November 2012 the Supreme Court of the Chechen Republic upheld the refusal. The applicant\u2019s cassation appeal was disallowed by a judge of the Supreme Court of the Chechen Republic on 1\u00a0February 2013.<\/p>\n 21. In 2012 the applicant lodged a claim for compensation for the non\u2011enforcement of the judgment of 26\u00a0July 2011. On 13\u00a0November 2012 the Supreme Court of the Chechen Republic returned the application to him unexamined.<\/p>\n C. Subsequent developments<\/strong><\/p>\n 22. The Commission did not process the applicants\u2019 claims until September 2013.<\/p>\n 23. The Commission held a final meeting on 16\u00a0September 2013 and, according to the minutes of the meeting, rejected all claims lodged by the owners of property which had not been entered in the register of destroyed buildings. Both applicants were in that category. In January 2014 the Commission ceased to exist.<\/p>\n 24. The judgments in the applicants\u2019 favour have not been enforced.<\/p>\n II. RELEVANT DOMESTIC LAW AND PRACTICE<\/p>\n 25. For the summary of the relevant domestic law and practice in so far as the no-fault compensation scheme is concerned, see Arzhiyeva and Tsadayev v.\u00a0Russia, nos. 66590\/10 and 3773\/11, \u00a7\u00a7\u00a023-29, 13\u00a0November 2018.<\/p>\n 26. Relevant provisions of the Federal Law No.\u00a0450-FZ amending the Compensation Act of 2010, in force as of 1\u00a0January 2017 and extending the scope of the Act to cases of excessive delays in the enforcement of court judgments ordering the domestic authorities to fulfil various obligations in kind are summarised in Shtolts and Others v.\u00a0Russia (dec.), nos.\u00a077056\/14 and 2\u00a0others, \u00a7\u00a7\u00a031\u201141, 30\u00a0January 2018.<\/p>\n THE LAW<\/strong><\/p>\n I. JOINDER OF THE APPLICATIONS<\/p>\n 27. In accordance with Rule\u00a042\u00a0\u00a7\u00a01 of the Rules of Court, the Court decides to join the applications, given their factual and legal similarities.<\/p>\n II. REQUEST OF THE SECOND APPLICANT\u2019S RELATIVES TO JOIN THE PROCEEDINGS BEFORE THE COURT<\/p>\n 28. By letter of 12 December 2016, after the communication of the case to the Government, the second applicant requested the Court to include Ms\u00a0Manash Gazhayeva, his wife, and Mr Islam Sultanov, Mr Beslan Sultanov, Ms Petimat Sultanova, Mr Imam-Taleran Sultanov, Ms Inian Sultanova and Ms Maryam Sultanova, his children, in the list of applicants in the case no.\u00a018360\/13.He argued that his family members had learned after the communication of the application \u201cthat they were eligible to be applicants\u201d, and that they had suffered pecuniary and non-pecuniary damage as a result of the non-enforcement.<\/p>\n 29. The Government objected, as the judgment of 26\u00a0July 2011 only concerned the second applicant\u2019s claims and in no way determined the rights of his family members.<\/p>\n 30. The Court agrees with the Government. It further notes that, in any event, the applicant\u2019s relatives did not provide any valid reason for their failure to request to join the proceedings at an earlier stage and to submit duly completed application forms. In view of the above, the Court decides not to include Ms Manash Gazhayeva, Mr Islam Sultanov, Mr Beslan Sultanov, Ms Petimat Sultanova, Mr Imam-Taleran Sultanov, Ms Inian Sultanova and Ms\u00a0Maryam Sultanovain the list of the applicants in the case no.\u00a018360\/13.<\/p>\n III. ALLEGED VIOLATION OF ARTICLE\u00a06 OF THE CONVENTION AND ARTICLE\u00a01 OF PROTOCOL No.\u00a01 TO THE CONVENTION<\/p>\n 31. The applicants complained about the non-enforcement of the judgments of 28\u00a0February 2005 and 26\u00a0July 2011 in their favour. They referred to Article\u00a06 of the Convention and Article\u00a01 of Protocol\u00a0No.\u00a01 which, in so far as relevant, read as follows:<\/p>\n Article\u00a06\u00a0\u00a7\u00a01<\/p>\n \u201cIn the determination of his civil rights and obligations …, everyone is entitled to a fair … hearing … by [a] … tribunal …\u201d<\/p>\n Article\u00a01 of Protocol\u00a0No.\u00a01<\/p>\n \u201cEvery natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.<\/p>\n The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.\u201d<\/p>\n 32. The Government initially acknowledged their obligations under the Gerasimov and Others pilot judgment (cited above) and stated that they would deploy all means to enforce the judgments which had remained without execution or resolve the issues by any appropriate means. In their further observations the Government submitted that the Commission at its final meeting of 16\u00a0September 2013 had rejected the applicants\u2019 claims, as they had not been entered in the register of destroyed housing. Accordingly, it was no longerpossible to enforce the judgments.<\/p>\n 33. The applicants maintained their claims. They argued that the Government had undertaken to compensate damage to them, but had failed to do so for formal reasons. The applicants had duly cooperated with the authorities and moreoverhad brought their claims to domestic courts which had granted them. However, their applications had not been processed for years, in breach of the domestic courts\u2019 orders.<\/p>\n A. Admissibility<\/strong><\/p>\n 34. The Court notes that the applicants\u2019complaint is not manifestly ill\u2011founded within the meaning of Article 35\u00a0\u00a7\u00a03\u00a0(a) of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible.<\/p>\n B. Merits<\/strong><\/p>\n 35. The Court reiterates that the execution of a judgment given by any court must be regarded as an integral part of a \u201chearing\u201d for the purposes of Article\u00a06. It also refers to its case-law concerning the non-enforcement or delayed enforcement of final domestic judgments (see Hornsby v.\u00a0Greece, no.\u00a018357\/91, \u00a7\u00a040, Reports of Judgments and Decisions 1997\u2011II).<\/p>\n 36. The Court further recalls its findings inArzhiyeva and Tsadayev (cited above,\u00a7\u00a7\u00a041-48) to the effect that the applicants had at least a \u201clegitimate expectation\u201d that their claims would be determined in line with the provisions of the Decree no.\u00a0404, and that such expectation had been sufficiently established in the national law to give rise to the notion of \u201cpossessions\u201d within the meaning of Article\u00a01 of Protocol No.\u00a01 to the Convention.The Court does not have any reason to depart from that finding in the present two cases. As in the above case, the applicants produced strong prima facie evidence of ownership and destruction of their property during the hostilities (see paragraphs\u00a07 and 13 above). Their claims and accompanying documents were accepted for review by the Commission (see paragraphs 8 and 14 above), and, furthermore, their entitlement to have their respective claims processed by the Commission was in each of the two present cases confirmed by the final judgments of the domestic courts. As in Arzhiyeva and Tsadayev(cited above, \u00a7\u00a054), various authorities cited the absence of entry in the register as the only reason why their claims had not been processed earlier (see paragraphs\u00a010-11, 16, 19 and 23 above). Against this background, and having regard to the nature of the domestic judicial awards (see paragraphs\u00a09 and 17 above), the Court considers that the applicants had, by virtue of the judgments in their favour confirming their entitlement under the domestic law to have their claims determined under the no-fault compensation scheme, a \u201clegitimate expectation\u201d to acquire a pecuniary asset which was sufficiently established to constitute a \u201cpossession\u201d falling within the ambit of Article\u00a01 of Protocol No.\u00a01 to the Convention (see Gerasimov and Others, cited above, \u00a7\u00a7177-79, with further references).<\/p>\n 37. The judgments in the applicants\u2019 favour dated 28\u00a0February 2005 and 26\u00a0July 2011 obliging the Commission to take certain actions were enforceable until at least January 2014, the date on which the Commission ceased to exist (see paragraph\u00a023 above). However, they had remained without execution for formal reasons.<\/p>\n 38. Having regard to its case-law on the matter (see the leading case of Gerasimov and Others, and, in so far as relevant, Arzhiyeva and Tsadayev, both cited above), the Court finds that by failing, for years, to comply with the enforceable judgments in the applicants\u2019 favour the domestic authorities impaired the essence of their right to a court, and that such failure also constituted an unjustified interference with the applicants\u2019 right to peaceful enjoyment of possessions.<\/p>\n 39. There has accordingly been a violation of Article\u00a06 of the Convention and Article\u00a01 of Protocol\u00a0No.\u00a01 on account of the non\u2011enforcement in both cases at hand.<\/p>\n IV. ALLEGED VIOLATION OF ARTICLE\u00a013 OF THE CONVENTION<\/p>\n 40. The Court has already noted the existence of a new domestic remedy against the non-enforcement of domestic judgments imposing obligations of a pecuniary and non-pecuniary nature on the Russian authorities, introduced in the wake of the pilot judgment by Federal Law No.\u00a0450-FZ amending the Compensation Act of 2010. That statute, which entered into force on 1\u00a0January 2017, enables those concerned to seek compensation for damage sustained as a result of excessive delays in the enforcement of court judgments ordering the domestic authorities to fulfil various obligations in kind. The Court has found that the amended Compensation Act in principle meets the criteria set out in the Gerasimov and Others pilot judgment and provides the applicants with a potentially effective remedy for their non\u2011enforcement complaint (see Shtolts and Others, cited above, \u00a7\u00a7\u00a087-116 and \u00a7\u00a0123).<\/p>\n 41. The Court reiterates that it would be unfair to request the applicants whose cases have already been pending for many years in the domestic system and who have come to seek relief at the Court, to bring again their claims before domestic tribunals (see Gerasimov and Others, cited above, \u00a7\u00a0230).<\/p>\n 42. On the other hand, in the light of the adoption of the new domestic remedy, the Court, as in its previous decisions, considers that it is not necessary to examine separately the admissibility and merits of the applicants\u2019 complaint under Article\u00a013 in the present case (see, mutatis mutandis, Tkhyegepso and Others v.\u00a0Russia, nos.\u00a044387\/04 and 11\u00a0others, \u00a7\u00a7\u00a021-24, 25\u00a0October 2011).<\/p>\n V. APPLICATION OF ARTICLE\u00a041 OF THE CONVENTION<\/p>\n 43. Article\u00a041 of the Convention provides:<\/p>\n \u201cIf 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.\u201d<\/p>\n A. Damage<\/strong><\/p>\n 44. The first applicant claimed the following amounts in respect of pecuniary damage: 100,000 euros (EUR) representing the cost of a house at an average price in the area the applicant lived in; EUR\u00a015,000 corresponding to the cost of furniture and other personal belongings; and EUR\u00a07,000 of rental expenses for ten years. She further claimed EUR\u00a020,000 in non-pecuniary damage.<\/p>\n 45. The second applicant made the following claims in respect of pecuniary damage: EUR\u00a040,000 for purchase of an apartment at an average price of housing in the area; EUR\u00a045,000 of the cost of furniture and house belongings, at an average cost of EUR\u00a05,000 per family member; and EUR\u00a010,600 of rent expenses. He further claimed EUR 45,000 in respect of non-pecuniary damage.<\/p>\n 46. The Government observed that the applicants\u2019 claims in respect of pecuniary damage were based on their inability to obtain compensation, the maximum amount of which was limited to RUB\u00a0350,000. They considered any claim beyond that amount unreasonable, speculative and, in any event, unsupported by any evidence. They disputed the claims in respect of non\u2011pecuniary damage as excessive.<\/p>\n 47. The Court finds that there exists a causal link between the violation found and the pecuniary loss incurred. Taking into account the parties\u2019 submissions and the nature of the violation found, it awards each of the applicants EUR\u00a04,600 in respect of pecuniary damage (see Arzhiyeva and\u00a0Tsadayev, cited above, \u00a7\u00a066). It further rejects the remainder of the claims under this head as not supported by any evidence.<\/p>\n 48. It further awards each of the applicants\u00a0EUR 5,000 in respect of non\u2011pecuniary damage, plus any tax that may be chargeable, and rejects the remainder of their claims under this head.<\/p>\n B. Costs and expenses<\/strong><\/p>\n 49. The first applicant claimed EUR\u00a02,940 in legal fees for the costs and expenses incurred in the domestic proceedings and before the Court. That amount comprised (a)\u00a0EUR\u00a01,820 for 26 hours of legal work of Mr\u00a0U.\u00a0Khasiyev, lawyer who represented the applicant at the domestic proceedings and at the time of the introduction of the application, at an hourly rate of EUR\u00a070; and (b)\u00a0EUR\u00a01,190 for 17 hours of work of Ms\u00a0Khalimova) at an hourly rate of EUR\u00a070. She submitted copies of legal agreements couched in similar terms and dated 4\u00a0October 2007 (with Mr\u00a0Khasiyev) and 8\u00a0December 2016 (with Ms Khalimova). In accordance to them, the applicant undertook to pay the lawyers\u2019 services \u201cwithin ten days of the receipt of money on the [applicant\u2019s] banking account\u201d, without any further details. She further provided copies of the two reports on the work performed containing itemised schedules of the representatives\u2019 legal fees and signed by the applicant and the lawyers. The schedules included, for Mr\u00a0Khasiyev, the representation at the domestic level and the submission of the application form. In respect of Ms Khalimova, the table referred to the preparation of the comments in reply to the Government\u2019s observations dated December 2016, as well as preparation in 2011 of replies to the Government\u2019s submissions.<\/p>\n 50. The second applicant claimed EUR\u00a02,940 in legal fees for the costs and expenses incurred in the domestic proceedings and before the Court. He submitted a copy of the representation agreement dated 11\u00a0March 2011, in accordance to which he undertook to pay the representative\u2019s services \u201cwithin ten days of the receipt of money on the [applicant\u2019s] banking account\u201d. He further submitted a copy of the report on the work performed containing an itemised schedule of the lawyer\u2019s fees for 70\u00a0hours of legal work at an hourly rate of EUR\u00a070, signed by the lawyer and the applicant.<\/p>\n 51. In both cases the Government submitted that the applicants had not actually incurred the costs and expenses claimed. In Indayeva they specified that the legal services agreements between the applicant and her representatives provided that those expenses were payable to the representative only in the event of a successful outcome of the proceedings before the Court, which made such agreements unenforceable against the applicant in Russia.<\/p>\n 52. According to the Court\u2019s case-law, an applicant is entitled to the reimbursement of his costs and expenses in so far as it has been shown that these have been actually and necessarily incurred and are reasonable as to quantum (see, among others, Merabishvili v.\u00a0Georgia [GC], no.\u00a072508\/13, \u00a7\u00a0370, ECHR 2017).<\/p>\n 53. Regard being had to the documents in its possession and the above criteria (in particular, the straightforward nature of the issues raised under the Convention and some apparent discrepancies in the dates in the schedules submitted ), and in so far as the expenses claimed are related to the violations found by the Court,the Court considers it reasonable to award (a)\u00a0EUR\u00a0490 to Ms Indayeva in respect of the costs and expenses related to the domestic proceedingsand EUR\u00a0300in respect ofthe proceedings before the Court, and (b) EUR\u00a0200 to Mr Sultanov in respect of the proceedings before the Court, plus any tax chargeable to the applicants. The Court further dismisses the remainder of their claims under this head.<\/p>\n C. Default interest<\/strong><\/p>\n 54. 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.<\/p>\n FOR THESE REASONS, THE COURT, UNANIMOUSLY,<\/strong><\/p>\n 1. Decides to join the applications;<\/p>\n 2. Decides not to include Ms Manash Gazhayeva, Mr Islam Sultanov, Mr\u00a0Beslan Sultanov, Ms Petimat Sultanova, Mr Imam-Taleran Sultanov, Ms\u00a0Inian Sultanova and Ms\u00a0Maryam Sultanova in the list of the applicants in case no.\u00a018360\/13.<\/p>\n 3. Declares the applicants\u2019complaints under Article\u00a06 of the Convention and Article\u00a01 of Protocol\u00a0No.\u00a01 to the Convention about the non\u2011enforcement of the final judgments in the applicants\u2019 favour admissible;<\/p>\n 4. Holdsthat there has been a violation of Article\u00a06 of the Convention and Article\u00a01 of Protocol\u00a0No.\u00a01 to the Convention on account of the non\u2011enforcement of the judgments in the applicants\u2019 favour;<\/p>\n 5. Decides that it is not necessary to examine separately the admissibility and merits of the applicants\u2019 complaint under Article\u00a013 of the Convention;<\/p>\n 6. Holds<\/p>\n (a) that the respondent State is to pay the applicants within three monthsthe following amounts, to be converted into the currency of the respondent Stateat the rate applicable at the date of settlement:<\/p>\n (i) EUR\u00a04,600 (four thousand and six hundred euros), plus any tax that may be chargeable, to each applicant in respect of pecuniary damage;<\/p>\n (ii) EUR\u00a05,000 (five thousand euros), plus any tax that may be chargeable, to each applicant in respect of non-pecuniary damage;<\/p>\n (iii) in respect of costs and expenses, the following amounts, plus any tax that may be chargeable to the applicants:<\/p>\n \u2012 EUR\u00a0790 (seven hundred and ninety euros) to Ms\u00a0Indayeva,<\/p>\n \u2012 EUR\u00a0200 (two hundredeuros) to Mr Sultanov;<\/p>\n (b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;<\/p>\n 7. Dismissesthe remainder of the applicants\u2019 claim for just satisfaction.<\/p>\n Done in English, and notified in writing on 10 March 2020, pursuant to Rule\u00a077\u00a0\u00a7\u00a7\u00a02 and 3 of the Rules of Court.<\/p>\n Stephen Phillips \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0Georgios A. Serghides
\nGeorgios A. Serghides, President,
\nErik Wennerstr\u00f6m,
\nLorraine Schembri Orland, judges,
\nand Stephen Phillips, Section Registrar,<\/p>\n
\nRegistrar \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 President<\/p>\n