Avis juridique important

61982O0318

European Court reports 1985 Page 03727

Parties

IN CASE 318/82

LEEUWARDER PAPIERWARENFABRIEK BV, WHOSE REGISTERED OFFICE IS AT LEEUWARDEN (THE NETHERLANDS), REPRESENTED BY B. H. TER KUILE AND L. H. VAN LENNEP, BOTH OF THE HAGUE BAR, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF J. LOESCH, AVOCAT, 2 RUE GOETHE,

APPLICANT,

COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY ITS LEGAL ADVISER, B. VAN DER ESCH, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF G. KREMLIS, A MEMBER OF ITS LEGAL DEPARTMENT, JEAN MONNET BUILDING, KIRCHBERG,

DEFENDANT,

Subject of the case

APPLICATION FOR THE TAXATION OF RECOVERABLE COSTS,

Grounds

1 ACCORDING TO ARTICLE 73 (B) OF THE RULES OF PROCEDURE OF THE COURT OF JUSTICE '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' ARE TO BE REGARDED AS RECOVERABLE COSTS.

2 AS THE COURT HAS HELD ON NUMEROUS OCCASIONS, IT IS NOT EMPOWERED TO TAX THE FEES PAYABLE BY THE PARTIES TO THEIR OWN LAWYERS BUT IT MAY DETERMINE THE AMOUNT OF THOSE FEES WHICH MAY BE RECOVERED FROM THE PARTY ORDERED TO PAY THE COSTS. IT FOLLOWS THAT THE COURT IS NOT OBLIGED TO TAKE ACCOUNT OF ANY NATIONAL SCALES OF LAWYERS' FEES OR ANY AGREEMENT IN RELATION TO FEES CONCLUDED BETWEEN THE PARTY CONCERNED AND HIS AGENTS OR ADVISERS.

3 SINCE COMMUNITY LAW DOES NOT CONTAIN ANY PROVISIONS LAYING DOWN A SCALE OF FEES, THE COURT MUST CONSIDER ALL THE FACTS OF THE CASE, TAKING INTO ACCOUNT THE PURPOSE AND NATURE OF THE PROCEEDINGS, THEIR SIGNIFICANCE FROM THE POINT OF VIEW OF COMMUNITY LAW, AS WELL AS THE DIFFICULTIES PRESENTED BY THE CASE, THE AMOUNT OF WORK GENERATED BY THE DISPUTE FOR THE AGENTS AND ADVISERS INVOLVED AND THE FINANCIAL INTEREST WHICH THE PARTIES HAD IN THE PROCEEDINGS.

4 IN THE LIGHT OF THOSE CONSIDERATIONS, IN THE PRESENT CASE THE RECOVERABLE COSTS IN RESPECT OF THE FEES OF THE APPLICANT'S LAWYERS MUST BE FIXED AT HFL ... AND THOSE IN RESPECT OF ADVANCE PAYMENTS AND OTHER EXPENSES AT HFL ..., MAKING A TOTAL OF HFL ..., TO WHICH MUST BE ADDED THE AMOUNT OF ANY VALUE-ADDED TAX PAYABLE ON THAT SUM.

5 SINCE THE COURT, WHEN DETERMINING THE RECOVERABLE COSTS, TOOK ACCOUNT OF ALL THE CIRCUMSTANCES OF THE CASE UNTIL THE TIME OF SUCH DETERMINATION, IT IS NOT NECESSARY FOR IT TO RULE SEPARATELY ON THE COSTS INCURRED BY THE PARTIES IN CONNECTION WITH THESE SUPPLEMENTARY PROCEEDINGS.

Operative part

ON THOSE GROUNDS, THE COURT (THIRD CHAMBER) HEREBY ORDERS AS FOLLOWS: THE COSTS TO BE PAID BY THE DEFENDANT TO THE APPLICANT ARE SET AT A LUMP SUM OF HFL ... TOGETHER WITH ANY VALUE-ADDED TAX PAYABLE ON THAT SUM.