G.T.B. v. SPAIN JUDGMENT
that the invoices had been paid, and noted that several of the invoices had
been issued by different lawyers from the ones who had actually appeared in
the domestic proceedings and the amparo proceedings. They also maintained
that some of the invoices were duplicates.
2. The Court’s assessment
140. 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 rejects the claim for costs and
expenses in the domestic proceedings and considers it reasonable to award
the sum of EUR 4,840 for the proceedings before it, plus any tax that may be
chargeable to the applicant.
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]:
(i) EUR 12,000 (twelve thousand euros), plus any tax that may be
chargeable, in respect of non-pecuniary damage;
(ii) EUR 4,840 (four thousand eight hundred and forty 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;
4. Dismisses the remainder of the applicant’s claim for just satisfaction.
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