ALPEYEVA AND DZHALAGONIYA v. RUSSIA JUDGMENT
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mere finding of a violation of Article 8 of the Convention. Making its
assessment on an equitable basis, it awards each applicant EUR 5,000 in
respect of non-pecuniary damage.
B. Costs and expenses
139. The first applicant claimed 776 roubles (RUB) for costs and
expenses incurred before the Court. She enclosed postal receipts to
corroborate the amount.
140. The Government did not object to the first applicant being
reimbursed for the expenses claimed.
141. 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 have been 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 first applicant the amount claimed for the proceedings before the Court.
C. Default interest
142. 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. Decides to join the applications;
2. Declares the complaint under Article 8 of the Court admissible and the
remainder of the applications inadmissible;
3. Holds that there has been a violation of Article 8 of the Convention;
4. Holds
(a) that the respondent State is to pay, 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 5,000 (five thousand euros), to be converted into the
currency of the respondent State at the rate applicable at the date of
settlement, plus any tax that may be chargeable, to each applicant in
respect of non-pecuniary damage;