46
THE GEORGIAN LABOUR PARTY v. GEORGIA JUDGMENT
C. Costs and expenses
1. Domestic proceedings
156. The applicant party claimed EUR 1,832 in reimbursement of the
court fees paid for the domestic proceedings bearing on various electoral
disputes, mostly unrelated to the present case. In support of its claims, the
applicant party submitted copies of numerous court decisions ordering it to
pay fees.
157. The Government submitted that the above claim was
unsubstantiated.
158. The Court reiterates that, where a violation of the Convention has
been found, it may award the applicant the costs and the expenses incurred
before the national courts for the prevention or redress of the violation (see,
among other authorities, Papon v. France, no. 54210/00, § 115, ECHR
2002-VII).
159. In the instant case, the violation found relates to the
disfranchisement of the Khulo and Kobuleti voters. As disclosed by the
circumstances of the case, the only relevant set of proceedings which could
arguably have prevented or remedied that violation was that brought by the
applicant party before the Supreme Court on 20 April 2004 (see
paragraphs 31 and 38 above). For these, there is evidence of only one order
issued by the Supreme Court requiring the applicant party to pay
100 Georgian laris (approximately EUR 43) in court fees.
160. Consequently, the Court awards the applicant party EUR 43,
dismissing the remainder of its claim for costs and expenses incurred in the
domestic proceedings.
2. Proceedings before the Court
161. Ms J. Rinceanu submitted to the Court a legal services contract of
28 August 2007, signed by herself and the Chairman of the applicant party,
Mr Sh. Natelashvili. According to the terms of this contract, the applicant
party was to pay Ms Rinceanu, upon signature, EUR 4,165, a sum which
included 19% value-added tax (VAT) in accordance with German tax law,
for “all types of activities” conducted by the lawyer in the interests of the
client. Ms J. Rinceanu also submitted a copy of an invoice dated
3 September 2007, requesting the applicant party to pay her EUR 21,420 for
its representation before the Court, which had involved 61.6 hours of work
on the case at a rate of EUR 300 per hour, including 19% VAT.
162. The Government commented that, in view of the short period
during which the applicant party had been represented by Ms J. Rinceanu
(see paragraph 2 above), the latter sum was unreasonable. They submitted
that a rate of EUR 300 per hour for legal services was exorbitant.