NGOs under European Convention on Human Rights / Tymofeyeva

3.2.4.2 Place 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 . 1465 Given that most payments are made at present by bank transfer, very few problems remain related to identification of means of payment to allow the applicant to receive the sums due at his or her place of residence. Nevertheless, difficulties may occur when a company has a few subdivisions, when the headquarters is situated outside the respondent state, but the subsidiary has a legal address in the country against which the Article 34 NGO lodges the complaint with the Court. Taking into account the rule that when the Court grants just satisfaction to a person not residing in the respondent state and does not expressly specify the place of payment, it is generally accepted that the just satisfaction must be paid in the beneficiary’s state of residence, and it must be expected that the main company will receive the payment. In any case, 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. 1466 3.2.4.3 Legal person in liquidation When the beneficiary designated by the Court is a legal entity being run by a court appointed administrator, or in liquidation, or being wound up, a number of difficult questions arise. If this situation of the beneficiary Article 34 NGO is known at the time of the proceedings before the Court, the question of the appropriate recipient of any just satisfaction is usually addressed in a special provision included in the judgment. For example, in one case the Court indicated that payment would have to be made to the applicant company’s representative, notwithstanding the fact that this company had been placed under the control of a court-appointed administrator. 1467 In another case, where there had been no conflict between the liquidator and the applicant company, payment was ordered to be made to the liquidator. 1468 Under a general rule, if the judgment does not contain indications on the subject, it is for the state to find the appropriate solutions. The practice of the Committee of Ministers, as far as possible, follows that of the Court. Thus, if there is doubt as to whether the court-appointed administrator/liquidator really represents the applicant’s interests, it has been accepted that the payment should be made to the applicant’s lawyer. 1469 1465 See, Memorandum prepared by the Department for the Execution. 1466 Just satisfaction claims. URL: accessed 20 July 2015. 1467 Credit and Industrial Bank , cited above. In this case, the complaint related precisely to this compulsory administration. 1468 Buffalo S.r.l. en liquidation v. Italy (just satisfaction), no. 38746/97, 22 July 2004. 1469 Monitoring of the payment of sums awarded by way of just satisfaction: an overview of the Committee of Ministers’ present practice, cited above.

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