SAVVA TERENTYEV v. RUSSIA JUDGMENT
27
B. Costs and expenses
92. The applicant also claimed EUR 3,000 for the costs and expenses
incurred before the domestic courts and EUR 3,500 for those incurred
before the Court. The latter amount, which as the relevant document reveals,
the applicant was liable to pay, included preparation of the application form
as well as research, legal analysis and observations by the representative.
93. The Government contested that claim as excessive, arguing that the
case was relatively simple, concerned only one violation of the Convention
and involved little documentary evidence. In their view, the research and
preparation had not been necessary to the extent claimed by the applicant,
therefore the requested amounts should be reduced.
94. 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 5,000 covering costs under all heads, to be transferred
directly to the applicant’s representative’s bank account.
C. Default interest
95. 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;
3. Holds that the finding of a violation of Article 10 of the Convention
constitutes in itself sufficient just satisfaction for any non-pecuniary
damage suffered by the applicant;
4. Holds
(a) that the respondent State is to pay the applicant, within three months
from the date on which the judgment becomes final in accordance with
Article 44 § 2 of the Convention, EUR 5,000 (five thousand euros), plus
any tax that may be chargeable to the applicant, in respect of costs and
expenses, to be converted into the currency of the respondent State at the