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KABLIS v. RUSSIA JUDGMENT
“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
109. The applicant claimed 16,000 euros (EUR) in respect of
non-pecuniary damage.
110. The Government submitted that the applicant had not produced any
documents in support of his claim. The claim was in any event excessive.
111. The Court awards the applicant EUR 12,500 in respect of
non-pecuniary damage.
B. Costs and expenses
112. Relying on a legal fee agreement, the applicant also claimed
EUR 2,500 for legal fees incurred before the domestic courts and the Court.
113. The Government submitted that there was no evidence that the
legal fee had actually been paid.
114. 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 2,500 covering costs under all heads.
C. Default interest
115. 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. Decides to join the applications;
2. Declares the applications admissible;
3. Holds that there has been a violation of Article 11 of the Convention;
4. Holds that there has been a violation of Article 13 of the Convention in
conjunction with Article 11;