21
CASTELLS v. SPAIN JUDGMENT
A. Pecuniary damage
55. Mr Castells also claimed 375,000 pesetas in respect of loss of
earnings. As an accused on bail, he had to appear fifty- two times before the
court of his place of residence (San Sebastián) and three times before the
Supreme Court of Madrid (see paragraphs 8-9 above), which resulted in a
loss of time and opportunity in the exercise of his professional activity as a
lawyer.
The Court takes the view that this constraint can have caused him hardly
any loss since, as a lawyer, he frequently attended the courts in question.
That he sustained pecuniary damage is therefore not established.
B. Non-pecuniary damage
56. The applicant also claimed, without giving any figures, compensation
for non-pecuniary damage. The Court does not rule out the possibility that
he may have sustained such damage, but in the circumstances of the case the
finding of a violation set out in the present judgment constitutes in itself
sufficient just satisfaction.
C. Costs and expenses
57. In respect of his costs and expenses incurred in the Spanish courts,
Mr Castells claimed 2,181,476 pesetas. The Court awards him only
1,000,000 of this amount, since some of the sums in question related to
amparo appeals unconnected with the complaints found admissible by the
Commission.
58. Finally the applicant sought 3,328,000 pesetas for his costs and
expenses before the Convention organs, together with 20,000 DM for the
fees of Mr Korff and Mr Vervaele.
Like the Government, the Court considers excessive the number of
lawyers representing Mr Castells, who appeared before it with four lawyers;
it should also be borne in mind that the Commission declared inadmissible
some of the complaints raised initially.
Making an assessment on an equitable basis, the Court awards Mr
Castells an overall amount of 2,000,000 pesetas.
FOR THESE REASONS, THE COURT UNANIMOUSLY
1. Holds that it has jurisdiction to consider the Government's preliminary
objection, but dismisses it;