M.S.S. v. BELGIUM AND GREECE JUDGMENT
87
exceeded the latter his lawyer would ask the legal aid office to stop the legal
aid and that if the costs and expenses awarded by the Court were higher than
the amount awarded in legal aid, his lawyer would receive nothing in terms
of legal aid.
418. According to the Court’s established case-law, costs and expenses
will not be awarded under Article 41 unless it is established that they were
actually and necessarily incurred, and were reasonable as to quantum.
Furthermore, legal costs are only recoverable in so far as they relate to the
violation found (see, among many other authorities, Sanoma Uitgevers B.V.,
cited above, § 109).
419. The Court first considers the costs and expenses relating to the
proceedings before the domestic courts. It notes that the applicant has
submitted no breakdown of the sum claimed in respect of the different
proceedings brought. This prevents it from determining precisely what
amounts correspond to the violations found in the instant case and to what
extent they have been or could be covered by the legal aid. Because of this
lack of clarity (see, mutatis mutandis, Musiał v. Poland [GC], no. 24557/94,
§ 61, ECHR 1999-II), the Court rejects these claims.
420. Turning its attention to the costs and expenses incurred in the
proceedings before it against Belgium, the Court reiterates that it does not
consider itself bound by domestic scales and practices, even if it may take
inspiration from them (see Venema v. the Netherlands, no. 35731/97, § 116,
ECHR 2002-X). In any event, for the same reasons as in respect of Greece
(see paragraph 414 above), it awards the applicant EUR 6,075.
(c) In respect of Belgium and Greece
421. The applicant lastly claimed the reimbursement of the costs and
fees incurred in connection with the hearing before the Court. According to
the list of fees and expenses submitted by the applicant’s lawyer, they
amounted to EUR 2,550 for the pleadings and their preparation (at an hourly
rate of EUR 75). Without submitting any receipts, he also claimed the
reimbursement of EUR 296.74 for his lawyer’s travel to and
accommodation in Strasbourg.
422. According to its established case-law, the Court rejects the part of
the claim which is not substantiated by the requisite receipts.
423. For the remainder, considering it established that the costs and
expenses claimed were necessarily incurred and were reasonable as to
quantum, it awards the applicant EUR 2,550. Having regard to the
responsibility for the different violations of the Convention found by the
Court, Belgium and Greece will each pay half of that sum.
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