Постановление Европейского суда по правам человека от 12.05.2010 «Дело Гуляев (Gulyayev) против России» [англ.]

ssment on an equitable basis, the Court considers it reasonable to award the applicant EUR 3,000 in respect of non-pecuniary damage, plus any tax that may be chargeable on that amount.

B. Costs and expenses

32. The applicant also claimed 13,000 Russian roubles (RUB) (EUR 312) for the costs and expenses incurred before the domestic courts and RUB 13,700 (EUR 329) for those incurred before the Court.
33. The Government asserted that the claimed costs were unreasonable.
34. As regards the costs and expenses incurred before the domestic courts, in support of his claim the applicant submitted an agreement for provision of legal assistance in the proceedings before the Presidium of the Kursk Regional Court and subsequent round of proceedings for RUB 10,000, the lawyer's bill for RUB 13,000, and two receipts for the amounts of RUB 10,000 and RUB 3,000. The Court observes that the lawyer's bill was not itemised and thus finds it impossible to determine whether the amount of RUB 3,000 was incurred necessarily.
35. As regards the costs and expenses incurred before the Court, in support of his claim the applicant submitted the lawyer's bill for RUB 10,000 and corresponding receipts, as well as two powers of attorney with notary fees charged in the amount of RUB 300 and 400, respectively. The Court notes that the applicant failed to submit any supporting documents to account for the remaining amount of RUB 3,000.
36. 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. 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 500 covering costs under all heads.

C. Default interest

37. 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

1. Dismisses the Government's objection as to abuse of petition;
2. Declares the application admissible;
3. Holds that there has been a violation of Article 6 § 1 of the Convention;
4. Holds
(a) that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the following amounts, to be converted into Russian roubles at the rate applicable at the date of settlement:
(i) EUR 3,000 (three thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage;
(ii) EUR 500 (five hundred euros), plus any tax that may be chargeable to the applicant, in respect of costs and expenses;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
5. Dismisses the remainder of the applicant's claim for just satisfaction.

Done in English, and notified in writing on 12 May 2010, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Soren} NIELSEN
Registrar

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