Hentrich v. France (just satisfaction)

Information Note on the Court’s case-law No.

June-July 1995

Hentrich v. France (just satisfaction) - 13616/88

Judgment 3.7.1995

Article 41

Costs and expenses

Pecuniary damage

Claim for just satisfaction submitted by an applicant whom, in an earlier judgment, the Court had held to be the victim of violations of Article 1 of Protocol No. 1 and Article 6 § 1 of the Convention

[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]

ARTICLE 50 OF THE CONVENTION

A.PECUNIARY DAMAGE

Failing return of land in question, calculation of pecuniary damage had to be based on current market value of land — applicant's right to compensation not disputed — award of aggregate sum assessed on an equitable basis in respect of loss of the property and of the enjoyment of it.

Conclusion: respondent State to pay applicant a specified sum in respect of pecuniary damage (eight votes to one).

B.COSTS AND EXPENSES

Costs relating to the Article 50 proceedings: claim allowed in full.

Interest on still unpaid sum awarded in principal judgment: claim allowed in part.

Conclusion: respondent State to pay applicant specified sums in respect of costs and expenses (unanimously).

© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.

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