r on whether or not A. was her father. It appears that this issue could not be addressed satisfactorily without a DNA test, and the second test was necessary as long as the first one was found inadmissible for formal procedural reasons. It is true that the applicant failed to request the second test, as the Government pointed out. However it follows from the wording of the Russian Code of Civil Procedure that it is at the court's discretion to order a second expert examination if the accuracy of the previous expert conclusion is doubted (see paragraph 15 above). This is of particular importance in the present case, where the breach of the rule concerning a sampling procedure, if it occurred, appears to be attributable to the Bureau of forensic medical examinations, i.e. a State institution. Against this background, the domestic courts by simply declaring the first court-ordered DNA test inadmissible without ordering a new test, did not apply Article 87 § 2 of the Code of Civil Procedure in the light of the principles enshrined in Article 8 of the Convention.
37. In these circumstances the Court considers that the domestic authorities' approach in handling the applicant's case fell short of the State's positive obligation to strike a fair balance between competing interests of the parties to the proceedings with due regard to the best interests of the child.
38. There has therefore been a violation of Article 8 of the Convention.
II. Application of Article 41 of the Convention
39. 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
40. The applicant claimed 50,000 euros (EUR) in respect of non-pecuniary damage.
41. The Government found this claim groundless and excessive.
42. The Court accepts that the applicant has suffered damage of a non-pecuniary nature as a result of the State's failure to comply with its positive obligations relating to the right to respect for her private life. It considers that the non-pecuniary damage sustained by the applicant is not compensated for by the finding of a violation of the Convention. Making an assessment on an equitable basis, it awards the applicant EUR 5,000, plus any tax that may be chargeable on that amount.
B. Costs and expenses
43. The applicant also claimed 68,596 Russian roubles (RUB) for the costs and expenses incurred before the domestic courts and the Court. These included the costs of the expert examination (RUB 19,096), counsel's fees (RUB 40,000) and translation costs (RUB 9,500). She produced documents confirming the above amounts.
44. The Government pointed out that the expenses incurred in the domestic proceedings should not be reimbursed.
45. The Court accepts that in the domestic proceedings legal expenses were incurred in order to prevent the violation of the applicant's right to respect for her private life. 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 1,500 covering costs under all heads, plus any tax that may be chargeable to the applicant on that amount.
C. Default interest
46. The Court considers it appropriate that the default interest should be based on the marginal lending rate of
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