GROSARU v. ROMANIA JUDGMENT
21
A. Damage
64. The applicant claimed 200,000 euros (EUR) in respect of pecuniary
damage, corresponding to the salary and allowances to which he would have
been entitled as an MP for the period 2002 to 2004. He sought
EUR 1,500,000, in respect of non-pecuniary damage, for the injury he
claimed to have incurred as a result of it being impossible for him to carry
out his duties as an MP and the attacks and injustices to which he claimed
he and his family had been exposed.
65. The Government submitted that the amount claimed by the applicant
in respect of pecuniary damage was excessive and purely speculative. They
pointed out that the claim was not accompanied by any supporting
documentation. Furthermore, they referred to the Court’s case-law
concerning Article 3 of Protocol No. 1, according to which the Court does
not award amounts in respect of pecuniary damage in this domain (see
Podkolzina v. Latvia, no. 46726/99, § 49, ECHR 2002-II; Aziz v. Cyprus,
no. 69949/01, § 43, ECHR 2004-V; Melnychenko v. Ukraine, no. 17707/02,
§ 75, ECHR 2004-X; and Hirst v. the United Kingdom (no. 2) [GC],
no. 74025/01, § 94, ECHR 2005-IX).
66. As regards non-pecuniary damage, the Government argued that no
causal link had been established between any damage and the alleged
violation of the Convention. Furthermore, they pointed out that in several
cases in which it had found a violation of Article 3 of Protocol No. 1, the
Court had considered that the finding of a violation in itself provided
sufficient just satisfaction in respect of the non-pecuniary damage incurred
by the applicants. In any event, the amount sought was exorbitant given the
amounts normally awarded by the Court under this head (see Podkolzina,
cited above, § 52, and Melnychenko, cited above, § 78).
67. As regards pecuniary damage, the Court cannot speculate as to what
the outcome of the elections would have been had there been a clear
provision interpreted by a body adequately meeting the requirements of
impartiality. Furthermore, the applicant had failed to mention the
professional activities in which he had been engaged between 2000 and
2004 and had not proved that the amount of any fees or salaries he had
received had been lower than the amount of any parliamentary allowances
forfeited during the period under consideration. The Court therefore rejects
the claims made in respect of pecuniary damage (see Kovach v. Ukraine,
no. 39424/02, § 66, ECHR 2008).
68. The Court acknowledges, however, that the applicant did incur nonpecuniary damage as a result of the violation found. Accordingly, ruling on
an equitable basis and having regard to all the circumstances of the case, it
awards him EUR 5,000 in respect of non-pecuniary damage.