BILD GMBH & CO. KG v. GERMANY JUDGMENT
than the costs which would have been owed under the domestic provisions
governing legal fees.
50. 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 were 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 reasonable the sum of
EUR 10,000 for costs and expenses incurred in the domestic proceedings and
EUR 2,000 for the proceedings before the Court. It therefore awards the
applicant company the total sum of EUR 12,000, plus any tax that may be
chargeable to it.
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, EUR 12,000
(twelve thousand euros), 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 amount at a
rate equal to the marginal lending rate of the European Central Bank
during the default period plus three percentage points;
4. Dismisses the remainder of the applicant company’s claim for just
satisfaction.
Done in English, and notified in writing on 31 October 2023, pursuant to
Rule 77 §§ 2 and 3 of the Rules of Court.
Andrea Tamietti
Registrar
Gabriele Kucsko-Stadlmayer
President
14
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents