Information Note on the Court’s case-law No. 124

November 2009

Adam v. Romania - 45890/05

Judgment 3.11.2009 [Section III]

Article 41

Request for reimbursement of lawyer’s fees as percentage (20%) of sums awarded by Court: no award in respect of costs and expenses

Facts – The national courts had dismissed the applicant’s appeal on account of failure to pay stamp duty.

Law – The Court concluded unanimously that there had been a violation of Article 6 § 1 on account of lack of effective access to court.

Article 41: The applicant had requested reimbursement of his lawyer’s fees as a percentage (20%) of the sums awarded by the Court. He submitted in that connection a contract for legal assistance concluded with his lawyer, setting out the above conditions. The Court reiterated that an applicant could recover his costs and expenses only in so far as they had been actually and necessarily incurred and were reasonable as to quantum. In the present case, having regard to the documents in its possession and the above criteria, it decided to make no award to the applicant.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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