MAGYAR KÉTFARKÚ KUTYA PÁRT v. HUNGARY JUDGMENT
41
(c) Conclusion
117. In the light of the foregoing, the Court is not satisfied that the
Hungarian law applicable in the present case, on the basis of which the
MKKP’s freedom to impart information and ideas was restricted, was
formulated with sufficient precision, for the purposes of paragraph 2 of
Article 10 of the Convention, so as to rule out any arbitrariness and enable
the MKKP to regulate its conduct accordingly.
118. There has therefore been a violation of Article 10 of the
Convention. In the light of this finding, it is not necessary to examine
separately the MKKP’s remaining arguments under Article 10 of the
Convention.
III. APPLICATION OF ARTICLE 41 OF THE CONVENTION
119. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols
thereto, and if the internal law of the High Contracting Party concerned allows only
partial reparation to be made, the Court shall, if necessary, afford just satisfaction to
the injured party.”
A. Damage
120. The MKKP claimed 100,000 Hungarian forints (HUF approximately 330 euros (EUR)) in respect of pecuniary damage. This sum
corresponded to the amount which it was ordered by the Kúria to pay as a
fine.
121. The Government did not contest this claim.
122. The Court reiterates that Article 41 empowers it to afford the
injured party such satisfaction as appears to it to be appropriate
(see O’Keeffe v. Ireland [GC], no. 35810/09, § 199, ECHR 2014 (extracts)).
123. The Court finds that the MKKP suffered pecuniary loss as a result
of the fine that it was ordered to pay (see paragraph 27 above). Having
regard to the link between the fine imposed in the domestic proceedings and
the violation of Article 10 found by the Court, the MKKP is entitled to
recover the full amount claimed.
B. Costs and expenses
124. The MKKP claimed EUR 3,000 for the costs and expenses incurred
in the proceedings before the Chamber and EUR 3,750 for those incurred
before the Grand Chamber. These amounts correspond to twenty hours of
legal work in respect of the proceedings before the Chamber, charged by its
lawyer at an hourly rate of EUR 150, and twenty-five hours of legal work in
respect of the proceedings before the Grand Chamber, charged at the same