SZABÓ AND VISSY v. HUNGARY JUDGMENT
45
B. Costs and expenses
99. The applicants also claimed, jointly, EUR 7,500 for the costs and
expenses incurred before the Constitutional Court and the Court in
Strasbourg. This corresponds to altogether 50 hours of legal work billable
by their lawyer at an hourly rate of EUR.
100. The Government contested this claim.
101. 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 4,000 covering costs under all heads.
C. Default interest
102. 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 8 of the Convention;
3. Holds that there has been no violation of Article 13 read in conjunction
with Article 8 of the Convention;
4. Holds that there is no need to examine the complaint under Article 6 of
the Convention;
5. Holds that the finding of a violation constitutes in itself sufficient just
satisfaction for any non-pecuniary damage sustained by the applicants;
6. Holds
(a) that the respondent State is to pay the applicants, jointly, within
three months from the date on which the judgment becomes final in
accordance with Article 44 § 2 of the Convention, EUR 4,000 (four
thousand euros), plus any tax that may be chargeable to the applicants,
in respect of costs and expenses, to be converted into the currency of the
respondent State at the rate applicable at the date of settlement;