ANDREJEVA v. LATVIA JUDGMENT 37 107. The Government submitted that the question of just satisfaction was not ready for decision and requested the Court to reserve it in accordance with Rule 75 §§ 1 and 4 of the Rules of Court. They argued that the national authorities, in particular the State Social-Insurance Agency, would be much better placed to recalculate and, if necessary, index-link the applicant’s monthly pension. In any event, the Government stated, firstly, that the Court no longer had jurisdiction to make an award to the applicant for pecuniary damage in respect of her employment for an entity based in Ukraine (from 1973 to 1981), and, secondly, that the Court’s judgment should not have retrospective effect. 108. In respect of non-pecuniary damage, the Government disputed that there was a causal link between the violations found and the damage alleged in points (b) and (c) of paragraph 105 above. As regards the alleged violation of Article 6 § 1 of the Convention, the Government left the matter to the Court’s discretion. They added, however, that in their opinion the finding of a violation would in itself constitute sufficient just satisfaction for any non-pecuniary damage the applicant might have suffered. 109. Lastly, the Government submitted that the question of the exact calculation of the applicant’s pension might be more effectively dealt with in the course of the procedure for the execution of the Court���s judgment, under the supervision of the Committee of Ministers of the Council of Europe, in accordance with Article 46 of the Convention. 110. In the Court’s view, the evidence available to it is sufficient to conclude that the question of the application of Article 41 of the Convention is ready for decision and should therefore be examined. The Court reiterates at the outset that the respondent State remains free to choose the means by which it will discharge its legal obligation under Article 46 of the Convention, provided that such means are compatible with the conclusions set out in the Court’s judgment (see Scozzari and Giunta v. Italy [GC], nos. 39221/98 and 41963/98, § 249, ECHR 2000-VIII). Having regard to the special circumstances of the case, in particular the recent approval of the cooperation agreement on social security between the Russian Federation and Latvia by the legislatures of both States (see paragraphs 44-45 above), the Court considers that it is not required to indicate precisely what would be the best means of ensuring the effective implementation of its judgment in the applicant’s individual situation. 111. The Court further reiterates that the principle underlying the provision of just satisfaction is that the applicant should, as far as possible, be put in the position he or she would have enjoyed had the violation of the Convention not occurred (see, mutatis mutandis, Kingsley v. the United Kingdom [GC], no. 35605/97, § 40, ECHR 2002-IV). Furthermore, the indispensable condition for making an award in respect of pecuniary damage is the existence of a causal link between the damage alleged and the violation found (see Nikolova v. Bulgaria [GC], no. 31195/96, § 73, ECHR

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