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Постановление Европейского суда по правам человека от 21.10.2010 «Дело Алексеев (Alekseyev) против России» [англ.]





d that the applicant suffered discrimination on the grounds of his sexual orientation and that of other participants in the proposed events. It further considers that the Government did not provide any justification showing that the impugned distinction was compatible with the standards of the Convention.
110. Accordingly, the Court considers that in the present case there has been a violation of Article 14 in conjunction with Article 11 of the Convention.

IV. Application of Article 41 of the Convention

111. 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

112. The applicant claimed 40,000 euros (EUR) in respect of non-pecuniary damage.
113. The Government contested the claim as excessive and unreasonable. They requested the Court, if it were to find a violation in the present case, to award the applicant the minimum amount possible.
114. Having regard to the fact that the present case involved banning multiple demonstrations for three consecutive years in violation of Articles 11, 13 and 14 of the Convention, the Court, ruling on an equitable basis, awards the applicant EUR 12,000 in respect of non-pecuniary damage.

B. Costs and expenses

115. The applicants also claimed 18,700 Russian roubles (approximately EUR 483) for the costs and expenses incurred before the domestic courts and EUR 17,027 for those incurred in the proceedings before the Court. He submitted itemised claims, bills and supporting documents.
116. The Government considered this part of the claims unsubstantiated. They pointed out that the lawyer's travel expenses for attending the hearings in the domestic courts were unrelated to the proceedings before the Court and were therefore not eligible for reimbursement. They further argued that these costs and expenses could not be regarded as "actually and necessarily incurred", given that the three applications forming part of this case were very similar and did not require the lawyer to develop a separate line of argument for each case.
117. 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 were reasonable as to quantum. The Court notes that the costs and expenses relate to three consecutive sets of domestic proceedings and were incurred over a period of three years. Throughout these years the applicant was represented by Mr Bartenev, the lawyer who also represented him before the Court. Although the three applications have been joined in one case and therefore the applicant was dispensed from the requirement to submit separate sets of comments on the Government's observations for each of them, the original applications and the accompanying documents had to be prepared separately. The amounts incurred by the applicant on account of legal fees do not appear excessive or disproportionate to the work performed. 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 applicant the amounts claimed in full. It makes an aggregate award of EUR 17,510, plus any tax that may be chargeable to the applicant.

C. Default interest

118. The Court considers it appropriate that the default interest 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



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