AUAD v. BULGARIA JUDGMENT 49 146. The Government submitted that the legal fees claimed appeared excessive. They were several times higher than those usually charged in Bulgaria. 147. According to the Court’s case-law, costs and expenses claimed under Article 41 must have been actually and necessarily incurred and reasonable as to quantum. Having regard to the materials in its possession and the above considerations, and noting that part of the application was declared inadmissible, the Court finds it reasonable to award the applicant the sum of EUR 1,200, plus any tax that may be chargeable to him, to cover costs under all heads. C. Default interest 148. The Court considers it appropriate that the default interest 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 complaints concerning the applicant’s impending expulsion, the alleged lack of effective remedies in that regard, and his detention pending deportation admissible, and the remainder of the application inadmissible; 2. Holds that, should the order to expel the applicant be implemented, there would be a violation of Article 3 of the Convention; 3. Holds that there has been a violation of Article 13 of the Convention; 4. Holds that there has been a violation of Article 5 § 1 of the Convention; 5. 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 Bulgarian levs at the rate applicable at the date of settlement: (i) EUR 3,500 (three thousand five hundred euros), plus any tax that may be chargeable, in respect of non-pecuniary damage; (ii) EUR 1,200 (one thousand two hundred euros), plus any tax that may be chargeable to the applicant, in respect of costs and expenses;

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