16
KALDA v. ESTONIA JUDGMENT
61. 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. However, in the present case the applicant failed to submit
documentary evidence proving his costs and expenses. Therefore, the Court
rejects the claim for costs and expenses.
FOR THESE REASONS, THE COURT
1. Declares, unanimously, the application admissible;
2. Holds, by six votes to one, that there has been a violation of Article 10 of
the Convention;
3. Holds, by six votes to one, that the finding of a violation constitutes in
itself sufficient just satisfaction for the non-pecuniary damage sustained
by the applicant;
4. Dismisses, unanimously, the remainder of the applicant’s claim for just
satisfaction.
Done in English, and notified in writing on 19 January 2015, pursuant to
Rule 77 §§ 2 and 3 of the Rules of Court.
Stanley Naismith
Registrar
Işıl Karakaş
President
In accordance with Article 45 § 2 of the Convention and Rule 74 § 2 of
the Rules of Court, the separate opinion of Judge J.F. Kjølbro is annexed to
this judgment.
A.I.K.
S.H.N.
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