86 M.S.S. v. BELGIUM AND GREECE JUDGMENT 414. The Court considers it established that the applicant effectively incurred the costs he claimed in so far as, being a client, he entered into a legal obligation to pay his legal representative on an agreed basis (see, mutatis mutandis, Sanoma Uitgevers B.V. v. the Netherlands, no. 38224/03, § 110, 31 March 2009). Considering also that the costs and expenses concerned were necessary and reasonable as to quantum, the Court awards the applicant EUR 3,450. (b) In respect of Belgium 415. The applicant claimed the reimbursement of his costs and expenses before the Belgian courts and before the Court. The applicant’s lawyer submitted a list of fees and expenses according to which the costs and expenses as at 15 March 2010 totalled EUR 7,680 based on an hourly fee of EUR 75; EUR 1,605 were claimed for the proceedings before the Belgian courts and EUR 6,075 for the proceedings before the Court against Belgium. 416. The Belgian Government invited the Court to reject the claim. They submitted that the applicant was entitled to free legal aid and to assistance with legal costs. It had therefore been unnecessary for him to incur any costs. His lawyer could obtain compensation for any costs incurred before the Belgian courts and before the Court in conformity with the provisions of the Judicial Code concerning legal aid. The Code provided for a system of reimbursement in the form of “points” corresponding to the services provided by the lawyer. In 2010 one point corresponded to EUR 26.91. The figure had been EUR 23.25 in 2009. Had these provisions been complied with the lawyer should already have been authorised to receive payment for the costs incurred in 2009. The Government also pointed out that under Article 1022 of the Judicial Code concerning reimbursement of legal costs, the party which lost the case was required to pay all or part of the legal costs of the other party. In cases where the proceedings could not be evaluated in monetary terms, the sum payable was determined by the courts. Where legal aid was granted and the costs awarded in the proceedings were higher, the Treasury could recover the sum paid in legal aid. 417. The applicant’s lawyer confirmed that he had been appointed by the Belgian State as a legal aid lawyer, but only to defend the applicant before the first-instance court. For this he was entitled to “ten points”. He said that he had not yet received any payment for legal aid. For the other proceedings he had agreed with the applicant that the applicant would pay him by instalments based on the above-mentioned hourly fee if he won the case before the Court. That commitment had been honoured in part. According to the applicant, there was no danger of the Belgian authorities paying him too much compensation because the procedural costs awarded were deducted from the legal aid payable. It followed that if the former

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