Page 26 of 30 sustain. The Commission’s Delegate found the amounts claimed to be very high; she shared many of the observations made by the Government and considered that the sums they proposed constituted a reasonable basis for the Court’s assessment. 104. An award may be made under Article 50 (art. 50) in respect of costs and expenses that (a) were actually and necessarily incurred by the injured party in order to seek, through the domestic legal system, prevention or rectification of a violation, to have the same established by the Commission and later by the Court and to obtain redress therefor; and (b) are reasonable as to quantum (see, amongst many authorities, the Feldbrugge judgment of 27 July 1987, Series A no. 124-A, p. 9, § 14). 105. (a) The Court has found that neither the care decision itself nor its maintenance in force gave rise to a breach of Article 8 (art. 8) (see paragraph 84 above). Accordingly, to the extent - which was considerable - that the steps taken by the applicants in the domestic proceedings related to these matters, as distinct from the implementation of the care decision, no award can be made under Article 50 (art. 50) in respect of the fees and expenses involved. Furthermore, some of the costs claimed - for example, those relating to contacts by the applicants’ lawyer with journalists for publicity in Sweden and abroad and to her investigation of a murder allegedly committed in the children’s home where Stefan was placed - cannot be regarded as "necessarily incurred". Again, others concerned issues falling outside the scope of the case before the Court, such as the prohibition on the removal of Helena and Thomas from their foster homes (see paragraph 57 above). (b) As regards the fees and expenses referable to the Strasbourg proceedings, the Government did not contest that the applicants had incurred liability to pay sums additional to those covered by the legal aid which they had received from the Council of Europe (see, inter alia, the Inze judgment of 28 October 1987, Series A no. 126, p. 22, § 56). The Court, however, shares the Government’s view that the amount claimed is excessive. It also agrees that the sum to be awarded should reflect the fact that some substantial complaints by the applicants remained unsuccessful (see, as the most recent authority, the Johnston and Others judgment of 18 December 1986, Series A no. 112, p. 33, § 86). 106. Taking into account the above factors and also the relevant legal aid payments made by the Council of Europe and making an assessment on an equitable basis, the Court considers that Mr. and Mrs. Olsson are together entitled to be reimbursed, for legal fees and expenses, the sum of 150,000 SEK. FOR THESE REASONS, THE COURT 1. Rejects unanimously the Government’s plea concerning the scope of the case; 2. Holds by ten votes to five that the decision to take the children into care and its maintenance in force did not give rise to a violation of Article 8 (art. 8) of the Convention; 3. Holds by twelve votes to three that there has been a violation of Article 8 (art. 8) on account of the manner in which the said decision was implemented; 4. Holds unanimously that there has been no violation of Article 6 (art. 6) of the Convention; 5. Holds unanimously that there has been no violation of Article 3 (art. 3) of the Convention, of Article 14 of the Convention, taken together with Article 8 (art. 14+8), of Article 2 of Protocol No. 1 (P1-2), or of Article 13 of the Convention, taken together with the said Article 2 (art. 13+P1-2); 6. Holds unanimously that Sweden is to pay to the applicants together, for non-pecuniary damage, 200,000 (two hundred thousand) Swedish crowns and, for legal fees and expenses, 150,000 (one hundred and fifty thousand) Swedish crowns; http://cmiskp.echr.coe.int/tkp197/viewhbkm.asp?sessionId=60525252&skin=hudoc-en&a... 10/13/2010