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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