Avis juridique important

61978O0238(01)

European Court reports 1981 Page 01723

Parties

IN CASE 238/78 ,

IREKS-ARKADY GMBH ,

APPLICANT ,

EUROPEAN ECONOMIC COMMUNITY ,

REPRESENTED BY ITS INSTITUTIONS :

2 . COMMISSION OF THE EUROPEAN COMMUNITIES ,

DEFENDANT ,

Subject of the case

APPLICATION RELATING TO THE TAXATION OF RECOVERABLE COSTS ,

Grounds

1 ACCORDING TO ARTICLE 73 ( B ) OF THE RULES OF PROCEDURE OF THE COURT , THE FOLLOWING ARE TO BE REGARDED AS RECOVERABLE COSTS . . . ' ' EXPENSES NECESSARILY INCURRED BY THE PARTIES FOR THE PURPOSE OF THE PROCEEDINGS , IN PARTICULAR THE TRAVEL AND SUBSISTENCE EXPENSES AND THE REMUNERATION OF AGENTS , ADVISERS OR LAWYERS . ' '

2 AS THE COMMISSION HAS CORRECTLY OBSERVED , THE COURT IS NOT CALLED UPON TO TAX THE FEES DUE BY THE PARTIES TO THEIR OWN LAWYERS BUT TO DETERMINE THE EXTENT TO WHICH SUCH REMUNERATION MAY BE RECOVERED FROM THE PARTY ORDERED TO BEAR THE COSTS . IT FOLLOWS THAT THE COURT IS NOT REQUIRED TO HAVE REGARD TO A NATIONAL SCALE FIXING LAWYERS ' FEES .

3 AS COMMUNITY LAW HAS NOT LAID DOWN ANY PROVISIONS IN THE NATURE OF A SCALE , THE COURT MUST UNDERTAKE A FREE APPRECIATION OF THE FACTS OF THE DISPUTE HAVING REGARD TO ITS OBJECT AND NATURE , ITS IMPORTANCE FROM THE POINT OF VIEW OF COMMUNITY LAW AND THE DIFFICULTIES OF THE PROCEEDINGS , THE AMOUNT OF WORK WHICH THE LITIGATION MAY HAVE CAUSED THE LAWYER AND WHAT THE DISPUTE MAY HAVE MEANT TO THE PARTIES IN FINANCIAL TERMS .

4 AS REGARD THIS CASE , ACCOUNT MUST ALSO BE TAKEN ON THE ONE HAND OF THE FACT THAT CERTAIN OF THE LEGAL PROBLEMS WERE IDENTICAL TO THOSE IN JOINED CASES 241 AND 242 , 246 TO 249/78 , DGV , AND TO THOSE IN CASE 250/78 , CONTIFEX , AND THAT THE APPLICANTS IN ALL THESE CASES WERE REPRESENTED BY THE SAME LAWYERS AND , ON THE OTHER HAND , THAT THIS CASE ALSO PRESENTS PROBLEMS WHICH ARE PECULIAR TO IT .

5 REGARD BEING HAD TO THESE CONSIDERATIONS , IT IS APPROPRIATE IN THIS INSTANCE TO DETERMINE THE RECOVERABLE COSTS AT DM 20 000 PLUS POSTAL , TELEPHONE , TELEX AND PHOTOCOPYING CHARGES . AS THE ORAL PROCEDURE IN THIS CASE TOOK PLACE ON THE SAME DAY AS THAT IN THE DGV CASES AND AS TRAVELLING EXPENSES HAVE BEEN AWARDED BY ORDER OF 1 JULY 1981 IN THOSE CASES THERE ARE NO GROUNDS FOR AWARDING SUCH EXPENSES IN THIS ORDER .

6 IN VIEW OF THE FACT THAT THE COURT , IN DETERMINING THE COSTS TO BE RECOVERED , HAS TAKEN ACCOUNT OF ALL THE CIRCUMSTANCES OF THE CASE UNTIL THE DATE OF DETERMINATION , THE APPLICANT ' S CLAIM FOR DEFAULT INTEREST FROM THE LODGING OF ITS APPLICATION FOR THE TAXATION OF COSTS MUST BE DISMISSED .

Operative part

ON THOSE GROUNDS ,

THE COURT ( SECOND CHAMBER ) HEREBY ORDERS AS FOLLOWS :

THE COSTS TO BE REIMBURSED BY THE DEFENDANT TO THE APPLICANT ARE FIXED AT THE SUM OF DM 20 000 PLUS POSTAL , TELEX AND PHOTOCOPYING CHARGES .