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Order of the Court (First Chamber) of 6 October 1976. # Antonio Gigante v Commission of the European Communities. # Case 31-71.
ECLI:EU:C:1976:132
61971CO0031
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61971O0031
European Court reports 1976 Page 01471
Parties
IN CASE 31/71
Grounds
1 BY INTERLOCUTORY JUDGMENT OF 29 NOVEMBER 1973 (( 1973 ) ECR 1353 ) THE COURT ( FIRST CHAMBER ) ORDERED THE NECESSARY MEASURES FOR THE APPOINTMENT AND FUNCTIONING OF AN INVALIDITY COMMITTEE AS PROVIDED FOR IN ARTICLE 59 ( 3 ) OF THE STAFF REGULATIONS .
2 AFTER THAT COMMITTEE HAD SUBMITTED ITS REPORT ON 6 JANUARY 1975 THE COURT DECLARED IN A SECOND INTERLOCUTORY JUDGMENT OF 12 MARCH 1975 (( 1975 ) ECR 337 ) THAT THE APPLICATION HAD BECOME DEVOID OF PURPOSE SAVE WITH REGARD TO THE CLAIM RELATING TO THE REIMBURSEMENT OF THE MEDICAL AND PHARMACEUTICAL EXPENSES SINCE THE SAID REPORT HAD NOT YET DEALT WITH THOSE EXPENSES .
3 IN A SUPPLEMENTARY REPORT SUBMITTED TO THE COURT ON 15 JULY 1976 THE INVALIDITY COMMITTEE SET OUT A STATEMENT OF THE MEDICAL AND PHARMACEUTICAL EXPENSES TO BE REIMBURSED TO THE APPLICANT .
4 ON THE PARTIES ' BEING SUMMONED TO THE HEARING ON 30 SEPTEMBER 1976 THE COMMISSION , AS DEFENDANT , DECLARED THAT IN THE MEANTIME IT HAD PAID THE SUM SPECIFIED IN THE SUPPLEMENTARY REPORT .
5 SINCE THE APPLICANT DID NOT APPEAR AT THE HEARING ON 30 SEPTEMBER 1976 IT MUST BE CONCLUDED THAT HE CONTESTS NEITHER THE CONCLUSIONS OF THE SUPPLEMENTARY REPORT NOR THAT HE HAS RECEIVED THE SUM DUE AND THEREFORE THAT HE HAS NO FURTHER CLAIM .
6 ACCORDINGLY THE CASE MAY BE ORDERED TO BE STRUCK OUT WITHOUT ITS BEING NECESSARY TO GIVE JUDGMENT .
Decision on costs
COSTS
7 THE DEFENDANT HAS ASKED THAT THE APPLICANT BE ORDERED TO BEAR THE COSTS BECAUSE THE PROCEEDINGS HAVE BEEN UNDULY PROLONGED BY THE UNREASONABLE BEHAVIOUR OF THE MEMBER OF THE INVALIDITY COMMITTEE APPOINTED BY THE APPLICANT .
8 ALTHOUGH IT IS TRUE THAT THE SAID BEHAVIOUR HAS BEEN IN A HIGH DEGREE UNREASONABLE AND REPREHENSIBLE , IT HAS HOWEVER NOT BEEN SHOWN THAT THIS HAS CAUSED THE DEFENDANT ANY ADDITIONAL COSTS .
9 IN THESE CIRCUMSTANCES THE RULE IN ARTICLE 70 OF THE RULES OF PROCEDURE MUST APPLY AND EACH PARTY MUST BE ORDERED TO BEAR ITS OWN COSTS .
Operative part
THE COURT ( FIRST CHAMBER )
COMPOSED OF : A . O ' KEEFFE , PRESIDENT OF CHAMBER , A . M . DONNER AND J . MERTENS DE WILMARS , JUDGES ,
ADVOCATE-GENERAL : G . REISCHL
REGISTRAR : A . VAN HOUTTE
HEREBY ORDERS :
1 . CASE 31/71 SHALL BE REMOVED FROM THE COURT REGISTER ;
2 . EACH PARTY SHALL BEAR ITS OWN COSTS .