P.M. v. BULGARIA JUDGMENT
11
III. APPLICATION OF ARTICLE 41 OF THE CONVENTION
71. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols
thereto, and if the internal law of the High Contracting Party concerned allows only
partial reparation to be made, the Court shall, if necessary, afford just satisfaction to
the injured party.”
A. Damage
72. The applicant claimed 100,000 euros (EUR) in respect of nonpecuniary damage suffered as a result of the violations of her rights under
the Convention, stating, in particular, that the prolonged and ineffective
investigation of the sexual offences against her had aroused in her feelings
of injustice, helplessness and frustration.
73. The Government contested this claim.
74. The Court considers that the applicant must have sustained
non-pecuniary damage as a result of the breaches of her rights found in the
case. Taking into account all the circumstances of the case, and deciding on
an equitable basis, the Court awards her EUR 15,000 under this head.
B. Costs and expenses
75. The applicant sought EUR 3,000 for fifty hours of legal work by her
lawyer in the proceedings before the Court, at an hourly rate of EUR 60. In
support of this claim she presented a contract and a time sheet. She further
claimed 500 Bulgarian levs for postage, translation, and office expenses but
did not present any invoices or receipts in support of her claim.
76. The Government considered that the claims were excessive.
77. According to the Court’s case-law, an applicant is entitled to the
reimbursement of costs and expenses only in so far as it has been shown
that these have been actually and necessarily incurred and are reasonable as
to quantum. In the present case, regard being had to the information in its
possession and the above criteria, and taking into account the applicant’s
failure to provide all necessary documents, such as invoices and receipts for
postage or office expenses, the Court finds it reasonable to award the sum of
EUR 3,000 to the applicant, plus any tax that may be chargeable to her.
C. Default interest
78. The Court considers it appropriate that the default interest rate
should be based on the marginal lending rate of the European Central Bank,
to which should be added three percentage points.