Just satisfaction

FAQ - Frequently asked questions concerning just satisfaction




Introduction

Procedure to be followed for obtaining payment of the just satisfaction awarded by the European Court of Human Rights.

To whom should I send my bank details?
Can I choose the beneficiary of the payment?
Is it possible to choose a method of payment?
Is it possible to receive payment into an account in a country other than the respondent state?
How is default interest calculated in the event of payment of just satisfaction outside the time limit/deadline?
Should the amount received in just satisfaction be declared to the tax authorities?


The amount of just satisfaction awarded by the European Court of Human Rights has not been paid in full.

The deadline for payment has not yet passed; I have sent my bank details but have not yet received anything on my account.
The deadline for payment has passed; I have sent my bank details but have not yet received anything on my account, or I have received part payment.
The just satisfaction was paid after the deadline passed, and the default interest has not been paid or only partially paid.



INTRODUCTION

In general terms, it should be noted that the payment of the sums awarded by the European Court of Human Rights in respect of just satisfaction, together with possible default interest, forms part of the execution of the Courts final judgments and decisions. Payment is supervised by the Committee of Ministers.

The amount of compensation awarded, the currency, the beneficiary, the deadline for and the destination of payment, as well as the rate of default interest are determined in the judgment or decision delivered by the Court.

The terms of payment cannot be modified unilaterally and are binding on the State without exception. However, in very specific situations, terms of payment differing from those provided for in the judgment have been accepted, so long as the parties have agreed to it (for example, a different payement destination or currency).

For any question or problem concerning the payment of just satisfaction awarded by the European Court of Human Rights or of default interest, where applicable, please contact the Department for the Execution of Judgments by fax (+33 (0)3 88 41 27 93), post (Conseil de lEurope, Service de lExcution des Arrts, F-67075 STRASBOURG CEDEX) or e-mail (dgI_execution_just_satisfaction@coe.int).


Procedure to be followed for obtaining payment of the just satisfaction awarded by the European Court of Human Rights.

To whom should I send my bank details?
The bank details of the beneficiary of the payment should be sent to the address given in the letter sent to the applicant by the European Court of Human Rights upon delivery of the Courts judgment or decision.


Can I choose the beneficiary of the payment?
The judgment of the European Court of Human Rights explicitly identifies who is to receive payment. This beneficiary may nevertheless empower someone else, his/her lawyer for instance, to receive the sums in question. Persons under 18 or persons under guardianship are usually represented for purposes of payment by their legal representatives. Special arrangements may sometimes prove necessary depending on the circumstances.


Is it possible to choose a method of payment?
The usual method of payment is a transfer to a bank account. However, exceptions are possible. Payment of sums owed to a person who has been awarded just satisfaction can be made by other means, provided that it is reasonably efficient (for example cheque or money order, depositing the money in a bank account opened in the applicant's name, placement of the money in the bank for official deposits of the national bank / given authority). What is important is that the money should be made available to the applicant and that he or she should as far as possible be made aware of the fact.


Is it possible to receive payment into an account in a country other than the respondent state?
Unless otherwise indicated in the judgment, practice requires that payment be made at the beneficiarys place of residence (even if it is not the respondent state). However, other solutions are possible with the parties consent.


How is default interest calculated in the event of payment of just satisfaction outside the time limit/deadline?
The criteria for calculating default interest where just satisfaction is paid outside the time limit are stated in the judgment of the European Court of Human Rights. The interest rate usually corresponds to the marginal lending rate of the European Central Bank during the default period (see http://www.ecb.int/home/html/index.en.html) plus three percentage points. If this rate has changed during the default period, the calculation is to be made on the basis of the various rates applicable during that time.

A request for calculation of the default interest payable can be made to the Department for the Execution of Judgments by fax (+33 (0)3 88 41 27 93), post (Conseil de lEurope, Service de lExcution des Arrts, F-67075 STRASBOURG CEDEX) or e-mail (dgI_execution_just_satisfaction@coe.int). For this purpose, it is essential to state the application number of the case, the exact amount paid, the currency used, the actual date of payment (i.e. the date on which the cash value of the just satisfaction was actually made available to the applicant) and the address (electronic or postal) or the fax number to which you want this calculation sent.


Should the amount received in just satisfaction be declared to the tax authorities?
Unless provision to the contrary is explicitly made in the judgment, just satisfaction is taxable according to the rules in force in each country. That said, the amounts are usually awarded by the Court net of any tax, i.e. the judgment specifies that the state itself is to pay the applicant the amount of any tax which may be chargeable.



The amount of just satisfaction awarded by the European Court of Human Rights has not been paid in full.

The deadline for payment has not yet passed
I have sent my bank details but have not yet received anything on my account.

The process of payment of just satisfaction is not instantaneous, but may take several weeks orl months. There can be a number of reasons for this: obtaining from the applicant the information needed to proceed with the payment, the need to comply with the rules of public accounting, technical delays in the handling of the transaction by the banks and the choice of transfer arrangements.

In all cases, one should wait for the deadline to pass.

If this date has passed and the just satisfaction has not been paid, or only partially paid, the action to take is to contact promptly the Department for the Execution of Judgments by fax (+33 (0)3 88 41 27 93), post (Conseil de lEurope, Service de lExcution des Arrts, F-67075 STRASBOURG CEDEX) or e-mail (dgI_execution_just_satisfaction@coe.int). All relevant documents should be attached (for example, a copy of evidence that you sent your bank details).

NOTE: complaints must be lodged within two months following publication of the judgment/decision in the list of paid cases available on this website. After the expiry of this two month period, the applicant will be deemed to have accepted the payment of the just satisfaction and of any default interest.
Complaints will be brought to the attention of the authorities concerned, for the speedy clarification of any question or problem.


The deadline for payment has passed
I have sent my bank details but have not yet received anything on my account, or I have received part payment.

You should promptly contact the Department for the Execution of Judgments by fax (+33 (0)3 88 41 27 93), post (Conseil de lEurope, Service de lExcution des Arrts, F-67075 STRASBOURG CEDEX) or e-mail (dgI_execution_just_satisfaction@coe.int), stating the case number, any change in your situation (address, name, bank details) and attaching any relevant document (for example, a copy of evidence that you sent your bank details).

NOTE: complaints must be lodged within two months following publication of the judgment/decision in the list of paid cases available on this website. After the expiry of this two month period, the applicant will be deemed to have accepted the payment of the just satisfaction and of any default interest.
Complaints will be brought to the attention of the authorities concerned, for the speedy clarification of any question or problem.


The just satisfaction was paid after the deadline passed, and the default interest has not been paid or only partially paid.
You should promptly contact the Department for the Execution of Judgments by fax (+33 (0)3 88 41 27 93), post (Conseil de lEurope, Service de lExcution des Arrts, F-67075 STRASBOURG CEDEX) or e-mail (dgI_execution_just_satisfaction@coe.int), stating the application number of the case, any change in your situation (address, name, bank details) and attaching any relevant document (for example, the bank statement indicating the amount paid and the value date).

NOTE: complaints must be lodged within two months following publication of the judgment/decision in the list of paid cases available on this website. After the expiry of this two month period, the applicant will be deemed to have accepted the payment of the just satisfaction and of any default interest.
Complaints will be brought to the attention of the authorities concerned, for the speedy clarification of any question or problem.

Furthermore, a request for calculation of the default interest payable can be made to the Department for the Execution of Judgments by fax (+33 (0)3 88 41 27 93), post (Conseil de lEurope, Service de lExcution des Arrts, F-67075 STRASBOURG CEDEX) or e-mail (dgI_execution_just_satisfaction@coe.int). For this purpose, it is essential to state the application number of the case, the exact amount paid, the currency used, the actual date of payment (ie the date on which the cash value of the just satisfaction was actually available to the applicant) and the address (electronic or postal) or the fax number to which you want this calculation sent.