SUDITA KEITA v. HUNGARY JUDGMENT
hand, it awards the applicant EUR 8,000 in respect of non-pecuniary
damage, plus any tax that may be chargeable.
B. Costs and expenses
47. The applicant also claimed EUR 30,000 plus VAT for the costs and
expenses incurred before the Court, without further itemisation. He
submitted an agreement concluded with his lawyer, according to which this
amount would be billable in case of successfully concluding the case.
48. The Government contested this claim.
49. 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 were 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 4,000 covering costs under all heads.
C. Default interest
50. 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 8 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 8,000 (eight thousand euros), plus any tax that may be
chargeable, in respect of non-pecuniary damage;
(ii) EUR 4,000 (four 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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