CYIL vol. 13 (2022)

ALLA TYMOFEYEVA CYIL 13 ȍ2022Ȏ a foreign currency. 71 At last, the currency indicated by the ECtHR must, in principle, also be used for the payment of possible default interest. Conversion fees into the currency indicated by the ECtHR must obviously be borne by the respondent state. What is of importance, when formulating their claims, the applicants should consider the implications of the currency policy in light of the effects of converting sums expressed in a different currency into euros or contrariwise. The applicant is obliged to justify the request for payment of a just satisfaction award in a certain currency. It may nevertheless happen that the modalities of payment indicated by the ECtHR present problems at the stage of execution, mainly under the regulations on currency exchange. Therefore, the ECtHR may restrict making payments to a person residing in one country in a currency other than the national currency. 1.4.2Place of payment With regard to the place of payment of just satisfaction, the practice is that payment is made at the beneficiary’s place of residence. 72 Given that most payments are made at present by bank transfer, very few problems remain related to the identification of means of payment to allow the applicant to receive the sums due at their place of residence. Applicants are asked to identify a bank account into which they wish any sums awarded to be paid. If they desire particular amounts, for example, the sums awarded in respect of costs and expenses, to be paid separately, perhaps directly into the bank account of their representative, they should so specify. 73 1.4.3Taxation and fees At the beginning the issue of payment the taxes or any fees related to the receival by just satisfaction award by the applicant was not clear. Starting from 2001, the ECtHR began to indicate in its judgments so called “global formula”, which signifies that any tax which may be chargeable should be added to the just satisfaction. 74 The obligation to pay in full the sums awarded by the ECtHR has consistently been interpreted as meaning that the applicant must receive the whole amount of the said sums. Consequently, it is for the respondent state to bear the cost of all associated fees, including transfer fees, in order to reach to the applicant’s place of residence or bank account. However, an exception could be made in cases where the applicant themselves requests for the special payment terms different from those contained in the judgment. The description made above, provides an overview of the rules on awarding just satisfaction by the ECtHR and its payment by the state parties to the ECHR. In the next part of this paper we will focus on the specifics of reparations under the ECHR in respect of legal persons, corporations. The analysis at issue will not cover the description of all components of just satisfaction, but will mainly examine the circumstances when the payment of awards in respect of corporations have particularities in comparison to the ones regarding the other categories of applicants under Article 34 of the Convention. 71 Ciobanu v. Romania, no. 29053/95, 16 July 2002. 72 See, Memorandum prepared by the Department for the Execution. 73 Just satisfaction claims. URL: accessed 22 June 2021. 74 Para. 118 of the Monitoring of the payment of sums awarded by way of just satisfaction.

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