ANDREJEVA v. LATVIA JUDGMENT
39
claim in whole or in part. Furthermore, costs and expenses are only
recoverable in so far as they relate to the violation found (see, among many
other authorities, Iatridis v. Greece (just satisfaction) [GC], no. 31107/96,
§ 54, ECHR 2000-XI; Beyeler v. Italy (just satisfaction) [GC],
no. 33202/96, § 27, 28 May 2002; and Svipsta v. Latvia, no. 66820/01,
§ 170, ECHR 2006-III).
116. In the present case the Court observes that the applicant’s claim for
reimbursement of costs and expenses manifestly fails to satisfy these
requirements, since most of the sums claimed are not substantiated by any
supporting documents. As regards the invoices referred to in paragraph 113,
point (a) above, they are worded in excessively general terms and do not
make it possible to ascertain the precise nature of the services rendered and
whether they were objectively necessary in the proceedings before the
Court; moreover, the wording of the Latvian and English versions is
completely different. Nevertheless, the Court accepts that, in view of the
complexity of the case, the applicant must have incurred costs, especially in
the proceedings before the Grand Chamber. In those circumstances, ruling
on an equitable basis as required by Article 41, it decides to award her
EUR 1,500 in respect of all costs and expenses, together with any taxes that
may be chargeable to her (see Svipsta, loc. cit., and Zaicevs v. Latvia,
no. 65022/01, § 64, 31 July 2007).
C. Default interest
117. 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
1. Dismisses unanimously the Government’s preliminary objections;
2. Holds by sixteen votes to one that there has been a violation of Article 14
of the Convention taken in conjunction with Article 1 of Protocol No. 1;
3. Holds unanimously that there has been a violation of Article 6 § 1 of the
Convention;
4. Holds by sixteen votes to one
(a) that the respondent State is to pay the applicant, within three
months, the following amounts, to be converted into Latvian lati at the
rate applicable at the date of settlement: