54 GÄFGEN v. GERMANY JUDGMENT 188. Accordingly, there has been no violation of Article 6 §§ 1 and 3 of the Convention. III. APPLICATION OF ARTICLE 41 OF THE CONVENTION 189. 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 190. The applicant did not claim any award for pecuniary or nonpecuniary damage, stressing that the objective of his application was to obtain a retrial before the domestic courts. The Government did not comment on this issue. 191. The Court accordingly does not make an award in respect of damage. As to the specific measure requested by the applicant in compensation, the Court considers, in view of the conclusion reached under Article 6, that there is no basis for the applicant to request a retrial or the reopening of the case before the domestic courts. B. Costs and expenses 192. Submitting documentary evidence, the applicant upheld his claims made before the Chamber and requested the payment of the costs of the criminal proceedings which the Regional Court had directed him to pay following his conviction. These amounted to 72,855.60 euros (EUR). He left it to the Court’s discretion to decide which of these costs (which included, inter alia, expert and other witness costs together with counsel’s fees) had to be regarded as having been caused by violations of his Convention rights. He argued that the costs of lodging an appeal on points of law and a constitutional complaint to the Federal Constitutional Court (the amount of which has not been further specified) had been incurred solely in an attempt to rectify the violations of the Convention. 193. The applicant, who had been granted legal aid, further claimed a total of EUR 22,647.85 in costs and expenses incurred in the proceedings before the Court. These vouched or invoiced costs included legal fees, fees for accessing case files from the domestic proceedings and for legal experts’ reports, copying costs, and travel, subsistence and accommodation expenses, together with the costs of further proceedings pending before the domestic courts.

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