56 GÄFGEN v. GERMANY JUDGMENT C. Default interest 199. 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. FOR THESE REASONS, THE COURT 1. Dismisses unanimously the Government’s preliminary objection in respect of the applicant’s complaint under Article 6 of the Convention; 2. Holds by eleven votes to six that the applicant may still claim to be the “victim” of a violation of Article 3 of the Convention for the purposes of Article 34 of the Convention; 3. Holds by eleven votes to six that there has been a violation of Article 3 of the Convention; 4. Holds by eleven votes to six that there has been no violation of Article 6 §§ 1 and 3 of the Convention; 5. Holds by ten votes to seven (a) that the respondent State is to pay the applicant, within three months, EUR 1,723.40 (one thousand seven hundred and twenty-three euros and forty cents) in respect of costs and expenses, plus any tax that may be chargeable to the applicant; (b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points; 6. Dismisses unanimously the remainder of the applicant’s claim for just satisfaction.