36
ANDREJEVA v. LATVIA JUDGMENT
Article 46
“1. The High Contracting Parties undertake to abide by the final judgment of the
Court in any case to which they are parties.
2. The final judgment of the Court shall be transmitted to the Committee of
Ministers, which shall supervise its execution.”
A. Damage
104. The applicant claimed, firstly, 1,423 euros (EUR) in respect of the
pecuniary damage caused by the violation of Article 14 of the Convention
taken in conjunction with Article 1 of Protocol No. 1. She submitted that
that sum corresponded to 1,000 Latvian lati (LVL), the difference between
the retirement pension she had actually received since her retirement in
August 1997 up to October 2006 and the pension she should have received
had the discrimination complained of not taken place. The applicant
explained that in calculating that amount, she had taken into account the
eighteen amendments of the basic pension rate that had occurred in the
meantime and the increase of her pension following the entry into force of
the agreement with Ukraine (see paragraphs 21-22 above).
105. In respect of non-pecuniary damage sustained by the applicant, she
defined it as a “feeling of frustration and helplessness, stress, prolonged
anxiety and financial uncertainty due to [a] violation of the Convention for
almost eleven years – from the moment of her initial application for the oldage pension”. According to her, since “[t]he calculation of non-pecuniary
damage is impossible in essence, [she] relies on [the] principle of equity
applied by the Court”. She further maintained that she had suffered as a
result of not being able to attend the hearing of her appeal on points of law
in the Supreme Court. The applicant claimed in particular the following
sums in respect of non-pecuniary damage:
(a) EUR 1,000 for the damage resulting from the alleged violation of
Article 6 § 1 of the Convention;
(b) EUR 5,073 for the suffering and anxiety she had experienced during
the proceedings between 2002 and 2005 for her divorce and the division of
marital property;
(c) EUR 10,000 for the deterioration of her health during the period in
question.
106. In addition to the pecuniary award by way of just satisfaction, in
the event of the Court’s finding of a violation of Article 14 of the
Convention taken in conjunction with Article 1 of Protocol No. 1, the
applicant asked the Court to indicate to the Government that they should
“recalculate her pension, taking into account her work periods accrued in
Russia, from the moment of the judgment delivery”.