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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