BIG BROTHER WATCH AND OTHERS v. THE UNITED KINGDOM JUDGMENT
183
VI. APPLICATION OF ARTICLE 41 OF THE CONVENTION
520. 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
521. The applicants did not submit any claim in respect of pecuniary or
non-pecuniary damage. Accordingly, the Court considers that there is no
call to award them any sum on that account.
B. Costs and expenses
522. The applicants in the first and second of the joined cases made a
claim for costs and expenses incurred before the Court. The applicants in
the first of the joined cases claimed GBP 208,958.55 in respect of their costs
and expenses; and the applicants in the second of the joined cases claimed
GBP 45,127.89. The applicants in the third of the joined cases made no
claim in respect of costs and expenses.
523. The Government did not comment on the sums claimed.
524. 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 applicants in the first of the joined cases the sum of EUR 150,000 for
the proceedings before the Court; and the applicants in the second of the
joined cases the sum of EUR 35,000 for the proceedings before the Court.
C. Default interest
525. 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.