MALONE v. THE UNITED KINGDOM JUGDMENT
35
connection with the same action, assessed at £5,443.20, (iii) legal costs
incurred in the proceedings before the Commission and the Court, as yet
unquantified, and (iv) "compensation of a moderate amount" for
interception of his telephone conversations.
He further sought recovery of interest in respect of the first two items.
The Government have so far made no submissions on these claims.
93.
The question is thus not yet ready for decision and must be
reserved; in the circumstances of the case, it is appropriate to refer the
matter back to the Chamber (Rule 53 paras. 1 and 3 of the Rules of Court).
FOR THESE REASONS, THE COURT
1. Holds unanimously that there has been a breach of Article 8 (art. 8) of the
Convention;
2. Holds by sixteen votes to two that it is not necessary also to examine the
case under Article 13 (art. 13);
3. Holds unanimously that the question of the application of Article 50 (art.
50) is not ready for decision;
accordingly,
(a) reserves the whole of the said question;
(b) refers back to the Chamber the said question.
Done in English and in French at the Human Rights Building,
Strasbourg, this second day of August, one thousand nine hundred and
eighty-four.
Gérard WIARDA
President
Marc-André EISSEN
Registrar
The separate opinions of the following judges are annexed to the present
judgment in accordance with Article 51 para. 2 (art. 51-2) of the Convention
and Rule 52 para. 2 of the Rules of Court:
- partially dissenting opinion of Mr. Matscher and Mr. Pinheiro Farinha;