16
KERIMOVA v. AZERBAIJAN JUDGMENT
activities and to receive the resultant fees. In addition, the applicant has not shown
that the total of the fees in question was less than that of the parliamentary allowances
that he did indeed lose during the period in question ... Having regard to the inherent
uncertainty in any attempt to estimate the real losses sustained by the applicant and
making its assessment on an equitable basis, the Court decides to award him
EUR 20,000 under this head, plus any tax that may be chargeable.”
64. The Court notes that, unlike in the above cases, the applicant
submitted detailed information about the difference between the salaries that
she would have received as a member of parliament and her other income
which she had been receiving during the relevant period, which information
is in principle sufficient to calculate her “net loss”. The Court considers that,
had the applicant become a member of parliament, she could have been
expected to serve at least part of her tenure and received certain income
from her service. Accordingly, she suffered certain pecuniary damage,
although this damage cannot be technically quantified in terms of monthly
salaries for the entire term of service of a member of parliament. Therefore,
having regard to the inherent uncertainty in any attempt to estimate the real
losses sustained by the applicant and making its assessment on an equitable
basis, the Court decides to award her EUR 50,000 under this head.
2. Non-pecuniary damage
65. The applicant claimed EUR 100,000 in compensation for the anguish
and distress caused to her by the infringement of her electoral rights.
66. The Government argued that the amount claimed was unjustified and
excessive.
67. The Court considers that the applicant suffered non-pecuniary
damage which cannot be compensated solely by the finding of the violation
of Article 3 of Protocol No. 1. Ruling on an equitable basis, the Court
awards her the sum of EUR 7,500 in respect of non-pecuniary damage, plus
any tax that may be chargeable.
B. Costs and expenses
68. The applicant also claimed EUR 4,800 for the costs and expenses
incurred before the Court, including EUR 4,500 for legal fees and EUR 300
for postal expenses.
69. The Government claimed that the claim in respect of legal fees was
excessive and that the claim in respect of postal expenses was unsupported
by any documents.
70. 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. Having regard to the legal services actually rendered in the
present case and to the services stipulated in the relevant contract concluded