TEIXEIRA DE CASTRO JUDGMENT OF 9 JUNE 1998
13
Having regard to the relevant factors and ruling on an equitable basis in
accordance with Article 50, the Court awards him PTE 10,000,000 for
pecuniary and non-pecuniary damage.
B. Costs and expenses
50. Mr Teixeira de Castro put his costs and expenses at:
(a) PTE 5,000,000 for the proceedings before the Portuguese courts
given that the Portuguese State only paid him the sum of PTE 35,000 by
way of legal aid; and
(b) PTE 1,500,000 for the proceedings before the Commission and the
Court.
51. The Government considered that the applicant’s claims were
unjustified.
52. The Delegate of the Commission took the view that in addition to the
amounts the applicant had received in legal aid, he should be awarded a sum
in respect of the proceedings before the Convention institutions.
53. The Court notes that at the material time the applicant’s lawyer
agreed to act on the basis solely of the amount paid by the relevant
Portuguese authorities under the national legal aid system. In those
circumstances, his client cannot be considered as under an obligation to pay
him additional fees (see the Windisch judgment cited above, p. 13, § 37).
Nevertheless, having regard to the fact that the amount paid in legal aid was
modest and that the lawyer has done a considerable amount of work, the
Court, ruling on an equitable basis, awards the applicant PTE 300,000 for
costs and expenses incurred in Portugal.
54. Mr Teixeira de Castro also obtained legal aid before the Convention
institutions. The Court does not consider the amount claimed for costs and
expenses in the Strasbourg proceedings to be excessive. It consequently
awards under this head PTE 1,500,000, less 19,801.70 French francs already
received in legal aid.
C. Default interest
55. According to the information available to the Court, the statutory
rate of interest applicable in Portugal at the date of adoption of the present
judgment is 10% per annum.
FOR THESE REASONS, THE COURT
1. Holds by eight votes to one that Article 6 § 1 of the Convention has
been violated;
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