GROSARU v. ROMANIA JUDGMENT
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B. Costs and expenses
69. The applicant also claimed EUR 2,300 for the costs and expenses
incurred in the proceedings before the national courts and before the Court.
70. The Government pointed out that the applicant had produced no
documentation in support of his claim.
71. According to the Court’s case-law, an applicant may only obtain
reimbursement of his costs and expenses in so far as they were actually
incurred, were necessarily incurred and were reasonable as to quantum. In
the instant case, the Court notes that the applicant failed to detail his claims
or provide any documentation in support of his estimates. Accordingly, the
Court is not able to award any amount under this head.
C. Default interest
72. 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. Holds that there has been a violation of Article 3 of Protocol No. 1;
2. Holds that there has been a violation of Article 13 of the Convention
taken in conjunction with Article 3 of Protocol No. 1;
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, EUR 5,000 (five thousand euros) in
respect of non-pecuniary damage plus any tax that may be chargeable, to
be converted into the respondent State’s national currency at the rate
applicable at the date of settlement;
(b) that from the expiry of the above-mentioned three months until
settlement simple interest shall be payable on the above amount 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.