34
AL-NASHIF v. BULGARIA JUDGMENT
It also finds that the hourly rates of USD 40 and USD 25 were not
excessive.
152. A certain reduction must be applied, however, in view of the fact
that part of the initial application was declared inadmissible.
Converting the sum claimed into euros, and making an overall
assessment, the Court awards the applicants EUR 6,500 in respect of costs
and expenses.
C. Default interest
153. According to the information available to the Court, the statutory
rate of interest in Bulgaria applicable to claims expressed in foreign
convertible currency at the date of adoption of the present judgment is
13.65% per annum.
FOR THESE REASONS, THE COURT
1. Dismisses unanimously the Government's preliminary objections;
2. Holds unanimously that there has been a violation of Article 5 § 4 of the
Convention;
3. Holds by four votes to three that there has been a violation of Article 8 of
the Convention;
4. Holds by four votes to three that there has been a violation of Article 13
of the Convention;
5. Holds unanimously that it is not necessary to examine the complaints
under Article 9 of the Convention taken alone and in conjunction with
Article 13;
6. Holds by four votes to three
(a) that the respondent State is to pay, within three months from the date
on which the judgment becomes final according to Article 44 § 2 of the
Convention, the following amounts, together with any value added tax
that may be chargeable:
(i) EUR 7,000 (seven thousand euros) to the first applicant and
EUR 5,000 (five thousand euros) to each of the other two applicants
in respect of non-pecuniary damage;
(ii) EUR 6,500 (six thousand five hundred euros) in respect of costs
and expenses, jointly to the three applicants;