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NISKASAARI AND OTAVAMEDIA OY v. FINLAND JUDGMENT
69. 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 rejects the claim for costs and
expenses in the domestic proceedings for lack of supporting documents and
considers it reasonable to award the sum of EUR 3,000 (inclusive of
value-added tax) for the proceedings before the Court.
C. Default interest
70. 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. Decides to strike the complaint concerning the alleged excessive length
of the proceedings out of its list of cases in accordance with Article 39
of the Convention;
2. Declares the complaint concerning Article 10 of the Convention
admissible and the remainder of the application inadmissible;
3. Holds that there has been a violation of Article 10 of the Convention;
4. Holds
(a) that the respondent State is to pay the applicants, within three
months from the date on which the judgment becomes final in
accordance with Article 44 § 2 of the Convention, the following
amounts:
(i) EUR 31,942.29 (thirty-one thousand nine hundred and forty-two
euros and twenty-nine cents), plus any tax that may be chargeable,
in respect of pecuniary damage;
(ii) EUR 1,500 (one thousand five hundred euros), plus any tax that
may be chargeable, to the first applicant in respect of non-pecuniary
damage;
(iii) EUR 3,000 (three thousand euros), plus any tax that may be
chargeable to the applicants, 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
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