Avis juridique important

61972O0006(01)

European Court reports 1975 Page 00495

Parties

IN CASE 6/72,

EUROPEMBALLAGE CORPORATION, BRUSSELS, AND CONTINENTAL CAN COMPANY INC ., NEW YORK, USA, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF GEORGES REUTER, 7 AVENUE DE L'ARSENAL, APPLICANTS,

V

COMMISSION OF THE EUROPEAN COMMUNITIES, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICES OF ITS LEGAL ADVISER EMILE REUTER, 4 BOULEVARD ROYAL, DEFENDANT,

Grounds

1 UNDER THE TERMS OF ARTICLE 73 ( B ) OF THE RULES OF PROCEDURE OF THE COURT, 'THE FOLLOWING SHALL BE REGARDED AS RECOVERABLE COSTS ... EXPENSES NECESSARILY INCURRED BY THE PARTIES FOR THE PURPOSES OF THE PROCEEDINGS, IN PARTICULAR ... THE REMUNERATION OF AGENTS, ADVISERS OR LAWYERS '.

2 AS COMMUNITY LAW CONTAINS NO PROVISIONS AS TO SCALE FEES, THE COURT MUST BE FREE TO CONSIDER THE FACTS OF THE CASE, TAKING INTO ACCOUNT THE OBJECT AND NATURE OF THE ACTION, ITS IMPORTANCE FROM THE POINT OF VIEW OF COMMUNITY LAW AND THE DIFFICULTY OF THE CASE .

3 SINCE, UNDER THE SECOND PARAGRAPH OF ARTICLE 17 OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EEC, ONLY LAWYERS ENTITLED TO PRACTISE BEFORE A COURT OF A MEMBER STATE MAY REPRESENT PARTIES OTHER THAN THE STATES AND THE INSTITUTIONS OF THE COMMUNITY BEFORE THE COURT OF JUSTICE, THE FIXING BY THE COURT OF THE COSTS RECOVERABLE UNDER ARTICLE 73 OF THE RULES OF PROCEDURE MUST BE EFFECTED ON THE BASIS OF THE NATIONAL CURRENCIES OF THE MEMBER STATES .

4 IN VIEW OF ALL THESE FACTORS, THE COSTS TO BE RECOVERED BY WAY OF LAWYERS' REMUNERATION IN THIS INSTANCE MUST BE FIXED AT .... DM, THAT SUM TO INCLUDE THE AMOUNT ALREADY PAID .

5 AS THE RIGHT OF THE APPLICANTS TO RECOVERY OF THE WHOLE OF THAT SUM HAS ITS LEGAL BASIS IN THE ORDER FIXING THE SUM, THE REQUEST AS TO DEFAULT INTEREST FROM 21 FEBRUARY 1973 MUST BE REJECTED .

6 IN ACCORDANCE WITH THEIR APPLICATION AND THE TERMS OF ARTICLE 74 ( 2 ) OF THE RULES OF PROCEDURE, THE APPLICANTS SHALL RECEIVE AN AUTHENTICATED COPY OF THIS ORDER .

ON THOSE GROUNDS,

Operative part

THE COURT ( FIRST CHAMBER )

HEREBY ORDERS :

1 . THE COSTS PAYABLE BY THE DEFENDANT TO THE APPLICANTS IS FIXED AT THE SUM OF DM ....;

2 . AN AUTHENTICATED COPY OF THIS ORDER SHALL BE FORWARDED TO THE APPLICANTS .