Onder 6.39 Parket bij de Hoge Raad 22 december 2023

“64. It can also be accepted that the applicant suffered some further pecuniary loss as a result of the lapse of time since the time when he paid the fine – 20 January 2014 (…). But the Court is unable to follow the suggestion that the calculation of that loss should be based on the default statutory interest in Bulgaria; it is not bound by such domestic rules (…). The purpose of an award of pecuniary damages under Article 41 of the Convention is to put the applicant, as far as possible, in the position in which he would have been if the breach of his rights had not occurred (restitutio in integrum). The interest rate applied by the Court, meant to compensate the loss of value of money over time, should hence reflect national economic conditions, such as the level of inflation and the rates of interest during the relevant period. Domestic rules on the calculation of default interest, which may reflect considerations going over and above restitutio in integrum, are thus not necessarily an appropriate measure; the Court must rather base itself on a rate of interest which best serves the purpose of its award (…). In the light of these considerations and the available information about the economic conditions in Bulgaria during the relevant period, in this case it is reasonable to apply a rate equal to the base interest rate of the Bulgarian National Bank during the relevant period (which began when the applicant paid the fine and will end with the delivery of this judgment) plus one percentage point (…). This gives BGN 7.15 (equivalent to EUR 3.66). The global award in respect of pecuniary damage is thus BGN 107.15, equivalent to EUR 54.66.”

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