THE GEORGIAN LABOUR PARTY v. GEORGIA JUDGMENT
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163. The Court notes that, since no claim was made in respect of the
applicant party’s other representatives (see paragraph 2 above), there is no
call to make any award for their involvement in the proceedings.
164. As to the applicant party’s representation by Ms J. Rinceanu, the
Court first recalls that it is not bound by domestic fee scales and practices
(see Assanidze v. Georgia [GC], no. 71503/01, § 206, ECHR 2004-II).
Moreover, the second sum of EUR 21,420 has not been shown to have been
reasonably or necessarily incurred on behalf of the applicant party (see,
among many authorities, Assanidze, cited above, § 206; Tolstoy Miloslavsky
v. the United Kingdom, 13 July 1995, § 77, Series A no. 316-B; and
Malama v. Greece (just satisfaction), no. 43622/98, § 17, 18 April 2002).
This part of the claim cannot therefore be accepted by the Court in full.
165. Ruling on an equitable basis, the Court awards the applicant party
the sum of EUR 10,000 in respect of its representation by Ms J. Rinceanu
before the Court.
D. Default interest
166. 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
1. Holds unanimously that the applicant party may claim to be a “victim”
under Article 34 of the Convention of alleged violations of Article 3 of
Protocol No. 1;
2. Holds unanimously that there has been no violation of Article 3 of
Protocol No. 1 on account of the introduction on 27 February 2004 of a
new system of voter registration for the repeat parliamentary election of
28 March 2004;
3. Holds by five votes to two that there has been no violation of Article 3 of
Protocol No. 1 on account of the composition of the electoral
commissions at the material time;
4. Holds unanimously that there has been a violation of Article 3 of
Protocol No. 1 on account of the disfranchisement of the Khulo and
Kobuleti voters;