Onder 4.34 Gerechtshof Arnhem-Leeuwarden 28 februari 2017

“32. Finally, the Court notes that it enjoys a certain discretion in the exercise of the power conferred by Article 41, as is borne out by the adjective ‘just’ and the phrase ‘if necessary’ (see Guzzardi v. Italy, judgment of 6 November 1980, Series A no. 39, p. 42, § 114). That being the case, and unless it concludes that the finding of a violation provides sufficient just satisfaction for the non-pecuniary damage sustained, the Court must ensure that the amount awarded is reasonable in terms of the seriousness of the violation that is found. In particular, it must take account in its assessment of the amounts already awarded in similar cases and, in the event of common proceedings, of the number of applicants and the total sum awarded to them.”

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