ATAKISHI v. AZERBAIJAN JUDGMENT 13 2. Non-pecuniary damage 60. The applicant claimed 21,000 euros (EUR) in respect of non-pecuniary damage. 61. The Government considered that the amount claimed was excessive. 62. The Court considers that the applicant suffered non-pecuniary damage which cannot be compensated solely by the finding of a violation of Article 3 of Protocol No. 1. Ruling on an equitable basis, the Court awards him the sum of EUR 7,500 in respect of non-pecuniary damage, plus any tax that may be chargeable. B. Costs and expenses 63. The applicant claimed AZN 3,500 for the costs and expenses incurred before the Court, including AZN 1,500 paid by him to his lawyer for legal services and other expenses, and AZN 2,000 as the outstanding amount due to his lawyer. 64. The Government argued that the amount claimed was excessive and unreasonable and had not been actually incurred. 65. 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. In the present case, regard being had to the documents in its possession and the above criteria, the Court considers it reasonable to award the sum of EUR 1,385 covering costs under all heads, plus any tax that may be chargeable to the applicant on that sum. C. Default interest 66. 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. Declares the complaint under Article 3 of Protocol No. 1 to the Convention admissible and the remainder of the application inadmissible; 2. Holds that there has been a violation of Article 3 of Protocol No. 1 to the Convention;