Background
Three Italian applicants brought or pursued administrative proceedings after public authorities refused requests for access to documents. Each ultimately succeeded in obtaining access, either through an appeal, after filing a claim, or through a first-instance judgment.
Italy’s administrative courts nevertheless either ordered the parties to bear their own legal costs or awarded the third applicant only EUR 200. The first two applicants said the courts gave no adequate reasons for departing from the ordinary rule that the losing party pays costs; the third challenged the amount as insufficient.
The Court’s Holding
The European Court of Human Rights unanimously held that Italy violated Article 6 § 1. A refusal to reimburse costs incurred by a person who successfully challenges the State’s exercise of public authority restricts access to a court, including where the award is merely symbolic.
Although States have broad discretion over litigation-cost rules and may reduce fees in simple proceedings, domestic courts must give reasons and assess proportionality in the individual case. General references to the circumstances of the case, justified reasons, or the simplified nature of access-to-documents proceedings did not justify making the applicants bear their legal costs. The Court found no need to examine the complaints under Article 1 of Protocol No. 1 or Article 13.
Key Takeaways
- Successful challenges to State action cannot ordinarily leave claimants bearing the cost of correcting public-authority errors.
- Administrative courts must clearly justify any departure from the “loser pays” principle.
- Simplicity of proceedings may support a reduced fee award, but not a denial of costs without an individual proportionality assessment.
Why It Matters
The judgment reinforces that cost rulings can engage the Convention right of access to a court even when a claimant was allowed to bring and win the underlying case. It requires reasoned, case-specific treatment of legal-cost reimbursement in successful administrative litigation against the State.
The Court awarded the first applicant EUR 4,421.20 in pecuniary damage, subject to deduction of any registration-fee reimbursement already paid, plus EUR 3,000 for non-pecuniary damage; it awarded the third applicant EUR 4,500 in pecuniary damage. The first and third applicants also received EUR 4,000 each for Strasbourg costs and expenses.