32 NAMAT ALIYEV v. AZERBAIJAN JUDGMENT B. Costs and expenses 107. The applicant claimed AZN 2,000 for legal fees incurred in the proceedings before the Court, AZN 1,500 for translation expenses and AZN 1,000 for postal expenses. In support of his claims, he submitted a contract for legal services rendered in the proceedings before the Court and a contract for translation services. Both contracts stipulated that the amounts due were to be paid in the event that the Court found a violation of the applicant's rights. 108. The Government argued that the costs and expenses related to the legal and translation services had not actually been incurred, because the amounts claimed had not been paid by the applicant. They further argued that, in any event, the contract for legal services provided for excessive legal fees and included certain types of services which were not needed or expected in this case. As for the postal expenses, the Government noted that this part of the claim was unsupported by any evidence. 109. 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. The Court notes that, although the applicant has not yet actually paid the legal fees and translation costs, he was bound to pay them pursuant to a contractual obligation. Accordingly, in so far as the lawyer and translator are entitled to seek payment of their fees under the contract, those fees were “actually incurred”. However, taking into account the amount of legal work done in the present case and the total amount of material actually translated, the Court considers that the claims in respect of both the legal fees and translation expenses are excessive and therefore can be satisfied only partially. Furthermore, the Court notes that the applicant failed to support his claim for postal expenses with any documentary evidence and therefore no sum can be awarded in respect of those expenses. 110. Regard being had to the above, the Court considers it reasonable to award the sum of EUR 1,600 covering costs under all heads, plus any tax that may be chargeable to the applicant on that sum. C. Default interest 111. The Court considers it appropriate that the default interest should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.

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