CYIL vol. 13 (2022)

ALLA TYMOFEYEVA

CYIL 13 ȍ2022Ȏ

1.3.3Costs and expenses The ECtHR may order the reimbursement to the applicant of costs and expenses, which were incurred in the course of the proceedings. 53 The compensation includes awards for both the proceedings at the domestic level and subsequently the proceedings before the ECtHR itself. The important criterion is that the costs must only be related to those proceedings that followed an aim to prevent the violation of the ECHR from occurring, or in trying to obtain redress thereafter. 54 The sum for costs and expenses awarded by the ECtHR typically includes the cost of legal assistance, 55 court fees, 56 translation costs, 57 and the like. They may also comprise travel and subsistence expenses, 58 in particular if these costs have been incurred by attendance at a hearing before the ECtHR. The amount spent and claimed by the applicants must be reasonable as to quantum. If the ECtHR finds it to be excessive, it will award a sum that, on its own estimate, is reasonable. In the case of Agrokompleks v. Ukraine , 59 the applicant company claimed EUR 490,395.15 in respect of the costs incurred for legal services provided by its Ukrainian and French lawyers. The ECtHR observed that in the present case there was some duplication in the work carried out by the foreign and the domestic lawyers. Making its own estimation on the basis of the information available, the ECtHR awarded the applicant company EUR 30,000 in respect of costs and expenses. Under some circumstances, the ECtHRmay conclude that awarding a sum to compensate cost and expenses is redundant. Such was the situation in the case of Rodinná záložna, spořitelní a úvěrní družstvo and Others v. the Czech Republic , where the ECtHR observed that translation costs of the application into English were pointless because according to Rule 34 of the Rules of ECtHR the applications could have been sent in an official language of a contracting party, namely in Czech, and decided not to reimburse these expenses. 60 1.3.4Default interest The criteria for calculating the default interest when just satisfaction is paid outside the time limit are stated in the judgments of the ECtHR directly. Originally, the judgments did not contain any sanction mechanisms. 61 Later, the ECtHR based its determination of the default interest on the simple interest at an annual rate in force in the respondent state at the time of rendering of judgment. 62 Given that interest rates in individual countries were different, the ECtHR gradually unified its practice. Presently, it is connected with the marginal lending rate of the European Central Bank (ECB). 63 To be precise, the amount 53 DRAFT – OVA a.s. v. Slovakia , no. 72493/10, § 102, 9 June 2015. 54 Article 16 of the Practice Directions on Just satisfaction claims. Rules of Court incorporates amendments to Rule 47 made by the Plenary Court on 6 May 2013. The new edition entered into force on 1 January 2014, p. 63. 55 Sfântul Vasile Polonă Greek Catholic Parish v. Romania, no. 65965/01, § 122, 7 April 2009. 56 Immobiliare Cerro S.A.S. v. Italy (just satisfaction), no. 35638/03, § 30, 5 June 2012. 57 DRAFT – OVA a.s. v. Slovakia , cited above, § 102. 58 The Sunday Times (no. 1) (Article 50), cited above, § 35. 59 Agrokompleks (just satisfaction) , cited above, § 96. 60 Rodinná záložna, spořitelní a úvěrní družstvo and Others v. the Czech Republic (just satisfaction), no. 74152/01, § 25, 19 January 2012 . 61 See e.g., AGOSI v. the United Kingdom , 24 October 1986, Series A no. 108 and Tre Traktörer AB v. Sweden , 7 July 1989, Series A no. 159. 62 Metropolitan Church of Bessarabia and Others v. Moldova, no. 45701/99, § 150, ECHR 2001-XII. 63 See e.g., OOO Informatsionnoye Agentstvo Tambov-Inform v. Russia, no. 43351/12, §122, 18 May 2021.

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