CYIL vol. 13 (2022)

ALLA TYMOFEYEVA CYIL 13 ȍ2022Ȏ and the representatives of the applicant company with the approval from the Department on the procedure of execution. The other difference in reimbursement of the applicants’s suffering is that the legal persons, often being established in the form of a big corporation, receive much higher awards than those granted to natural persons. The highest amounts of just satisfaction awards in respect of corporations exceeded millions of euro. The most expensive violations will be reflected in the next final part of the paper. 3. The most expensive violations The analysis made by the author demonstrates that the amount of just satisfaction exceeding one million euro was awarded to corporations in more than ten cases. 88 In none of these cases did the ECtHR acknowledge a breach of Article 2 of the ECHR (right to life), which seems to be of the highest value. If one would compare the life of individuals and the protection of property, it should be logical to award higher reparations in respect of killing of individuals than with regard to the loss of property. The practice of the ECtHR, however, shows the opposite. In the cases concerning violation of Article 2 (right to life) and Article 3 (prohibition of torture), the ECtHR never awarded the compensation in millions of euros, 89 but it did so quite often in the cases concerning an infringement of Article 1 of Protocol No. 1 to the ECHR (right to property) also with respect to natural persons. For example, in the case of Hirschhorn v. Romania , 90 the respondent state was obliged to return the building to the applicant or, failing that, to pay him EUR 1,900,000 . In the case of Guiso-Gallisay v. Italy, three natural person applicants were awarded more than two million euros in respect of pecuniary damage as a result of a breach of their property rights. 91 The royal family of the former King of Greece was granted more than 12 million euros by the ECtHR’s judgment of 2002 92 to compensate their loss of property as a result of discriminatory policies. 88 Almost 2 billion euro were awarded in the case of OAO Neftyanaya Kompaniya Yukos v. Russia cited above; approximately 28 million euros in the case of Stran Greek Refineries and Stratis Andreadis v. Greece, cited above; approximately 27 million euros in the case of Agrokompleks v. Ukraine, cited above; more than 10 million euros in the case of Centro Europa 7 S.r.l. and Di Stefano v. Italy [GC], no. 38433/09, ECHR 2012; almost 9 million euros in the case of Michael Theodossiou Ltd. v. Cyprus (just satisfaction), no. 31811/04, 14 April 2015; more than 7 million euros in the case of Dacia S.R.L. v. Moldova, cited above; almost 7 million euros in the case of Unistar Ventures GmbH v. Moldova , no. 19245/03, 9 December 2008; more than 5 million euros in the case of East West Alliance Limited v. Ukraine , no. 19336/04, 23 January 2014; more than 2 million euros in the cases of Oferta Plus S.R.L. v. Moldova (just satisfaction), no. 14385/04, 12 February 2008, and Immobiliare Cerro S.A.S. v. Italy (just satisfaction), no. 35638/03, 5 June 2012. There exist a number of judgments when the ECtHR awarded to the applicants the sum of about 1 million euros , including those striking out from the list of cases based on the friendly settlement agreement between the applicant and the government. See e.g., the case of Zolotyy Mandaryn Oyl, TOV v. Ukraine described in The New Trial: Kafkaesque Punishment for Cooperation with the ECtHR . URL: accesed 11 June 2022. 89 One of the highest amounts awarded to a natural person in respect of a breach of the right to life, which is the most important guarantee under the ECHR, was an amount of EUR 100,000 (one hundred thousand euros) in the case of Gongadze v. Ukraine , no. 34056/02, § 198, ECHR 2005-XI. 90 Hirschhorn v. Romania , no. 29294/02, § 117, 26 July 2007. 91 Guiso-Gallisay v. Italy (just satisfaction) [GC], no. 58858/00, §§107–107, 22 December 2009. 92 Former King of Greece and Others v. Greece [GC] (just satisfaction), no. 25701/94, § 100, 28 November 2002.

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