34 JALLOH v. GERMANY JUDGMENT prevention or rectification of a violation of the Convention, to have the same established by the Court and to obtain redress therefor. It must also be shown that the costs were actually and necessarily incurred and are reasonable as to quantum (see, among other authorities, Nikolova v. Bulgaria [GC], no. 31195/96, § 79, ECHR 1999-II, and Venema v. the Netherlands, no. 35731/97, § 117, ECHR 2002-X). 134. In the present case, regard being had to the information in its possession and the above criteria, the Court is satisfied that both the costs of legal representation in the proceedings before the Federal Constitutional Court and in the Convention proceedings were incurred in order to establish and redress a violation of the applicant’s Convention rights. Having regard to its case-law and making its own assessment, the Court finds the amount claimed to be reasonable as to quantum. It therefore awards the applicant EUR 5,868.88, plus any value-added tax that may be chargeable. C. Default interest 135. The Court considers it appropriate that the default interest 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. Holds by ten votes to seven that there has been a violation of Article 3 of the Convention; 2. Holds by twelve votes to five that no separate issue arises under Article 8 of the Convention; 3. Holds by eleven votes to six that there has been a violation of Article 6 of the Convention; 4. Holds by eleven votes to six (a) that the respondent State is to pay the applicant, within three months, the following amounts: (i) EUR 10,000 (ten thousand euros) in respect of non-pecuniary damage; (ii) EUR 5,868.88 (five thousand eight hundred and sixty-eight euros eighty-eight cents) in respect of costs and expenses; (iii) any tax that may be chargeable on the above amounts; (b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents