ANATOLIY MARINOV v. BULGARIA JUDGMENT
A. Damage
60. The applicant claimed 3,000 euros (EUR) in respect of non-pecuniary
damage.
61. The Government contested this claim as excessive and
unsubstantiated.
62. The Court awards the applicant’s claim in respect of non-pecuniary
damage in full, plus any tax that may be chargeable.
B. Costs and expenses
63. The applicant also claimed EUR 1,926 for the costs and expenses
incurred in the proceedings before the Court. This sum corresponds to
twenty-four hours of legal work, according to the time-sheet submitted,
billable by his representative and charged at an hourly rate of EUR 80, plus
EUR 6 for postage. He also requested that any award under this head be made
directly payable to the Bulgarian Helsinki Committee.1
64. The Government contested this claim as excessive.
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 were 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 the sum claimed for
costs and expenses reasonable and awards it in full, plus any tax that may be
chargeable to the applicant. As requested by the applicant, this sum is to be
paid directly into the bank account of the Bulgarian Helsinki Committee.2
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 application admissible;
2. Holds that there has been a violation of Article 3 of Protocol No. 1 to the
Convention;
1 Rectified on 28 February 2022: the text “He also requested that any award under this head
be made directly payable to the Bulgarian Helsinki Committee” was added.
2 Rectified on 28 February 2022: the text “As requested by the applicant, this sum is to be
paid directly into the bank account of the Bulgarian Helsinki Committee” was added.
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