18
ANNAGI HAJIBEYLI v. AZERBAIJAN JUDGMENT
85. The Government argued that the amounts claimed in respect of legal
fees and translation costs were excessive, while the claim in respect of the
postal expenses was not supported by relevant documentary evidence.
86. 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 2,600 covering costs under all heads, plus any tax that may
be chargeable to the applicant.
C. Default interest
87. 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. Rejects the Government’s request to strike the application out of the
Court’s list of cases;
2. Declares the application admissible;
3. Holds that there has been a violation of Article 3 of Protocol No. 1 to the
Convention;
4. Holds that the respondent State has failed to comply with its obligations
under Article 34 of the Convention;
5. Holds
(a) that the respondent State is to pay the applicant, within three months
from the date on which the judgment becomes final in accordance with
Article 44 § 2 of the Convention, the following amounts, to be converted
into new Azerbaijani manats at the rate applicable at the date of
settlement:
(i) EUR 10,000 (ten thousand euros), plus any tax that may be
chargeable, in respect of non-pecuniary damage;
(ii) EUR 2,600 (two thousand six hundred euros), plus any tax that
may be chargeable to the applicant, in respect of costs and
expenses, to be paid directly into his representative’s bank account;