FOGLI DI LAVORO per il Diritto internazionale 3 ... - Giurisprudenza

208
FOGLI DI LAVORO per il Diritto internazionale 3/2008
expenses claimed for the proceedings before the domestic courts
were incurred by them in order to seek prevention or
rectification of the specific violation caused by the excessive
length of the proceedings. However, seeing that in length-ofproceedings
cases the protracted examination of a case beyond a
“reasonable time” involves an increase in the applicant's costs
(see, among other authorities, Sürmeli v. Germany [GC], no.
75529/01, § 148, ECHR 2006), it does not find it unreasonable
to make to the applicant associations, who were jointly
represented by counsel, a joint award of EUR 1,500 under this
head. With regard to the costs incurred in the proceedings before
it, the Court, deciding in equity, jointly awards EUR 2,500.
C. Default interest
113. 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. Decides unanimously to strike out the application in so far as
it concerns the complaints of the fourth and fifth applicant
associations (Dharmadeep Verein für ganzheitliches Leben
e.V. and Osho Meditations Center Berlin e.V);
2. Declares unanimously the remainder of the application
admissible;
3. Holds unanimously that there has been a violation of Article
6 § 1 of the Convention;
4. Holds by five votes to two that there has been no violation of
Article 9 of the Convention;