GÄFGEN v. GERMANY JUDGMENT 55 194. The Government did not comment on the applicant’s claims before the Grand Chamber. Before the Chamber, they had argued that the costs awarded against the applicant by the Regional Court had not been incurred in order to prevent or redress a violation of his Convention rights. The applicant had not specified any costs incurred in the proceedings before the Federal Court of Justice or before the Federal Constitutional Court. If the proceedings were to be reopened before the domestic courts following a finding of a violation of the applicant’s Convention rights and if the applicant were to be acquitted, then the decision on the costs of the proceedings before the Regional Court would be reviewed. 195. The Government further left it to the Court’s discretion to decide on the reasonableness or otherwise of the lawyers’ fees, as claimed. 196. According to the Court’s established case-law, costs and expenses will not be awarded under Article 41 unless it is established that they were actually and necessarily incurred and were reasonable as to quantum. Furthermore, legal costs are only recoverable in so far as they relate to the violation found (see, for example, Beyeler v. Italy (just satisfaction) [GC], no. 33202/96, § 27, 28 May 2002; Kafkaris v. Cyprus [GC], no. 21906/04, § 176, ECHR 2008; and Sahin v. Germany [GC], no. 30943/96, § 105, ECHR 2003-VIII). 197. As to the costs and expenses incurred in the proceedings before the domestic courts, the Court notes that the applicant left it to its discretion to assess what portion of the costs of the criminal proceedings against him before the Regional Court could be attributed to his attempt at preventing a violation of the Convention. It notes, however, that, whereas it has found that Article 3 was disregarded in the investigation proceedings, it has concluded that the criminal proceedings against the applicant complied with the requirements of the Convention. As the applicant failed to specify the costs incurred in all proceedings before the domestic authorities which were aimed at remedying the breach of Article 3, the Court cannot make an award of costs under this head. 198. As to the costs and expenses incurred in the proceedings before it, the Court considers that the amounts claimed by the applicant were in part not necessarily incurred and are as a whole excessive. Moreover, the applicant’s claims before the Court were only partly successful. It therefore considers it reasonable to award the applicant EUR 4,000 under this head, less EUR 2,276.60 received by way of legal aid from the Council of Europe, making a total of EUR 1,723.40, plus any tax that may be chargeable to the applicant on that amount.