12
MATÚZ v. HUNGARY 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
53. The applicant claimed 32,250 euros (EUR) in pecuniary damage.
This sum comprises compensation for lost income which would have been
awarded to him in case of success in the domestic proceedings.
He moreover claimed EUR 10,000 in respect of non-pecuniary damage.
54. The Government contested these claims.
55. The Court considers that the applicant must have suffered some
pecuniary and non-pecuniary damage as a result of his dismissal. Making its
assessment on the basis of equity, it awards him EUR 5,000 under both
heads combined.
B. Costs and expenses
56. The applicant claimed EUR 1,440 for the costs and expenses
incurred before the domestic courts. This amount corresponds to the court
fees incurred on three levels of judicial instances and the legal expenses
paid to the respondent.
57. The Government contested these claims.
58. 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 awards the full sum claimed in
respect of the proceedings before the domestic courts incurred in an attempt
to prevent the violation, that is, EUR 1,440.
C. Default interest
59. 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;
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