LINGENS v. AUSTRIA JUGDMENT
17
loss of opportunity which must be taken into account. There are also the
costs indisputably incurred for reproducing the judgment in question.
The foregoing items cannot be calculated exactly. Assessing them in
their entirety on an equitable basis, the Court awards Mr. Lingens
compensation of 25,000 Schillings under this head.
52. The applicant further claimed 54,938.60 Schillings for costs and
expenses incurred for his defence in the Regional Court and the Vienna
Court of Appeal. This claim deserves consideration, as the proceedings
concerned were designed to prevent or redress the breach found by the
Court (see the above-mentioned Minelli judgment, Series A no. 62, p. 20,
para. 45). Furthermore, the amount sought appears reasonable and should
accordingly be awarded to the applicant.
53. As to the costs and expenses incurred in the proceedings before the
Convention institutions, Mr. Lingens - who did not have legal aid in this
connection - initially put them at 197,033.20 Schillings. The Government
challenged both the amount, which they considered excessive, and the
method of calculation. Subsequently counsel for the applicant submitted a
fee note for 189,305.60 Schillings.
The Court reiterates that in this context it is not bound by the domestic
scales or criteria relied on by the Government and the applicant in support
of their respective submissions, but enjoys a discretion which it exercises in
the light of what it considers equitable (see, inter alia, the Eckle judgment of
21 June 1983, Series A no. 65, p. 15, para. 35). In the instant case it was not
disputed that the costs were both actually and necessarily incurred; the only
matter in issue is whether they were reasonable as to quantum. The Court
shares the Government’s reservations in this respect, and considers it
appropriate to award the applicant 130,000 Schillings in respect of the costs
in question.
54. Lastly, Mr. Lingens claimed 29,000 Schillings in respect of his travel
and subsistence expenses for the hearings before the Commission and
subsequently the Court.
Applicants may appear in person before the Commission (Rule 26 para. 3
of the Rules of Procedure), and this was what happened in the present case.
Although they do not have the standing of parties before the Court, they are
nonetheless entitled under Rules 30 and 33 para. 3 (d) of the Rules of Court
to take part in the proceedings on certain conditions. Furthermore, their
presence in the court-room is an undoubted asset: it can enable the Court to
ascertain on the spot their view on issues affecting them (Rules 39 and 44 of
the Rules of Court - see the König judgment of 10 March 1980, Series A no.
36, p. 19, para. 26). Nor does the sum claimed by Mr. Lingens under this
head appear unreasonable.
55. The amounts awarded to Mr. Lingens under Article 50 (art. 50) of the
Convention total 284,538.60 Schillings.