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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