MAGYAR JETI ZRT v. HUNGARY JUDGMENT
25
91. The Government contested these claims.
92. According to the Court’s case-law, an applicant is entitled to the
reimbursement of costs and expenses only in so far as it has been shown
that these have been actually and necessarily incurred and are reasonable as
to quantum. In the present case, regard being had to the documents in its
possession and the above criteria, the Court considers it reasonable to award
the sum of EUR 4,149.39 covering costs under all heads.
C. Default interest
93. The Court considers it appropriate that the default interest rate
should be based on the marginal lending rate of the European Central Bank,
to which should be added three percentage points.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
1. Declares the application admissible;
2. Holds that there has been a violation of Article 10 of the Convention;
3. Holds
(a) that the respondent State is to pay the applicant company, within
three months from the date on which the judgment becomes final in
accordance with Article 44 § 2 of the Convention, the following
amounts, to be converted into the currency of the respondent State at the
rate applicable at the date of settlement:
(i) EUR 597.04 (five hundred and ninety-seven euros and four
cents), plus any tax that may be chargeable, in respect of pecuniary
damage;
(ii) EUR 4,149.39 (four thousand one hundred and forty-nine euros
and thirty-nine cents), plus any tax that may be chargeable to the
applicant company, in respect of costs and expenses;
(b) that from the expiry of the above-mentioned three months until
settlement simple interest shall be payable on the above amounts at a
rate equal to the marginal lending rate of the European Central Bank
during the default period plus three percentage points.
Done in English, and notified in writing on 4 December 2018, pursuant
to Rule 77 §§ 2 and 3 of the Rules of Court.
Andrea Tamietti
Deputy Registrar
Ganna Yudkivska
President