CENTRUM FÖR RÄTTVISA v. SWEDEN JUDGMENT
covered by the complaint is found to be violated the reimbursement should
be reduced accordingly.
385. 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 the
Court’s possession and the above criteria and noting, in addition, that a
violation of the Convention was found in respect of the applicant’s main
complaint, the complaint under Article 8, the Court considers it reasonable
to award EUR 52,625 to cover costs and expenses under all heads.
C. Default interest
386. 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
1. Rejects, unanimously, the respondent Government’s preliminary
objection regarding the applicant’s victim status.
2. Holds, by fifteen votes to two, that there has been a violation of Article 8
of the Convention;
3. Holds, unanimously, that it is not necessary to examine separately the
complaint under Article 13 of the Convention;
4. Holds, unanimously,
(a) that the respondent State is to pay the applicant, with respect to costs
and expenses, within three months EUR 52,625, plus any tax that
may be chargeable to the applicant, to be converted into the currency
of the respondent State at the rate applicable at the date of settlement;
(b) that from the expiry of the above-mentioned three months until
settlement simple interest shall be payable on the above amount at a
rate equal to the marginal lending rate of the European Central Bank
during the default period plus three percentage points.
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