52
MORICE v. FRANCE JUDGMENT
183. The Court further finds that the applicant clearly sustained nonpecuniary damage on account of his criminal conviction and, ruling on an
equitable basis, it awards him EUR 15,000 on that basis.
B. Costs and expenses
184. The applicant claimed EUR 26,718.80 in respect of costs and
expenses for the proceedings before the Court.
185. The Government made no comment on this claim before the Grand
Chamber.
186. The Court reiterates that costs and expenses will not be awarded
under Article 41 unless it is established that they were actually incurred,
were necessarily incurred and were also reasonable as to quantum (see,
among many other authorities, Iatridis v. Greece (just satisfaction) [GC],
no. 31107/96, § 54, ECHR 2000-XI; Beyeler v. Italy (just satisfaction)
[GC], no. 33202/96, § 27, 28 May 2002; and Kurić and Others v. Slovenia
(just satisfaction) [GC], no. 26828/06, ECHR 2014).
187. In the present case, taking account of the documents in its
possession and the above-mentioned criteria, the Grand Chamber finds it
reasonable to award EUR 14,400 on that basis to the applicant.
C. Default interest
188. 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.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
1. Holds that there has been a violation of Article 6 § 1 of the Convention;
2. Holds that there has been a violation of Article 10 of the Convention;
3. Holds
(a) that the respondent State is to pay the applicant, within three
months, the following amounts:
(i) EUR 4,270 (four thousand two hundred and seventy euros), plus
any tax that may be chargeable, in respect of pecuniary damage;
(ii) EUR 15,000 (fifteen thousand euros), plus any tax that may be
chargeable, in respect of non-pecuniary damage;
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