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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