EINARSSON v. ICELAND JUDGMENT
15
II. APPLICATION OF ARTICLE 41 OF THE CONVENTION
54. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols
thereto, and if the internal law of the High Contracting Party concerned allows only
partial reparation to be made, the Court shall, if necessary, afford just satisfaction to
the injured party.”
A. Damage
55. The applicant claimed 10,000 euros (EUR) in respect of
non-pecuniary damage.
56. The Government argued that the finding of a violation by the Court
would in itself constitute just satisfaction for any non-pecuniary damage
claimed. However, if the Court were to find it appropriate to award the
applicant non-pecuniary damages, the amount should be reduced
significantly.
57. The Court considers that the finding of a violation constitutes
sufficient just satisfaction for any non-pecuniary damage that may have
been sustained by the applicant.
B. Costs and expenses
58. The applicant also claimed EUR 28,200 (ISK 3,413,640) for the
costs and expenses incurred before the domestic courts and EUR 9,190
(ISK 1,112,280) for those incurred before the Court. The above amounts
included value added tax (“VAT”).
59. The Government left it to the Court to decide the appropriate amount
of costs to be reimbursed.
60. 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 applicant EUR 10.000 in respect of cost and expenses incurred before
the domestic courts and EUR 7,500 for those incurred before the Court.
C. Default interest
61. The Court has taken note of the applicant’s invitation to apply
default interest to its Article 41 award “equal to the monthly applicable
interest rate published by the Central Bank of Iceland ... until settlement”,
that should run from 20 November 2014, the date of the Supreme Court’s
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