22
GRA STIFTUNG GEGEN RASSISMUS UND
ANTISEMITISMUS v. SWITZERLAND JUDGMENT
86. The
Government
did
not
contest
CHF
11,810.90
(approximately EUR 10,324.36) of the claim, which included the
applicant’s costs for the domestic courts and the amount it was ordered to
pay in respect of B.K.’s legal costs at the domestic level. However, they
contested the applicant’s claims for its own legal representation in both the
domestic and Court proceedings and proposed CHF 8,000 (approximately
EUR 7,000) as appropriate compensation in that regard.
87. 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 30,000 covering costs under all heads.
C. Default interest
88. 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
(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, the following amounts, to be converted
into the currency of the respondent State at the rate applicable at the date
of settlement:
(i) EUR 5,000 (five thousand euros), plus any tax that may be
chargeable, in respect of non-pecuniary damage;
(iii) EUR 30,000 (thirty thousand euros), plus any tax that may be
chargeable to the applicant, 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 amounts at a
rate equal to the marginal lending rate of the European Central Bank
during the default period plus three percentage points;
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