Case of Kayriakovi v. Bulgaria

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KAYRIAKOVI v. BULGARIA JUDGMENT

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B. Costs and expenses 59. The applicants claimed EUR 4,490 for legal work by their lawyers, Mrs S. Margaritova-Vuchkova and Mr Y. Dulev. In support of this claim they presented a contract for legal representation and a time-sheet. The applicants requested that out of that amount, EUR 3,900 be transferred directly into the bank account of their legal representative Mrs Margaritova-Vuchkova. They also claimed 552.70 Bulgarian levs (BGN), the equivalent of approximately EUR 280, for postage and translation, presenting the relevant receipts. 60. The applicants claimed another BGN 2,937.15, the equivalent of EUR 1,500, for expenses incurred in the domestic proceedings for damages (2001-2006). In support of this claim they presented the relevant receipts. 61. The Government urged the Court to dismiss all claims for costs and expenses. 62. 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. 63. In respect of legal fees charged by Mrs Margaritova-Vuchkova and Mr Y. Dulev and the other expenses for the present proceedings, the Court, having regard to the fact that part of the complaints have been rejected, awards the first and second applicants EUR 1,500, EUR 1,000 of which to be transferred directly into the bank account of the applicants’ representative, Mrs Margaritova-Vuchkova. 64. In respect of the expenses incurred in the domestic proceedings, the Court, having regard to the information in its possession, finds that they were actually and necessarily incurred. As to quantum, the Court, considering that the expenses at issue must have been made by the three applicants and that the complaints of the third applicant in respect of those proceedings were declared inadmissible, awards the first and second applicants EUR 1,000. C. Default interest 65. The Court considers it appropriate that the default interest should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.


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