Avis juridique important

61979O0024

European Court reports 1981 Page 02229

Parties

IN CASE 24/79 - COSTS

DOMINIQUE NOELLE OBERTHUR

Grounds

ARTICLE 73 OF THE RULES OF PROCEDURE PROVIDES THAT , IN ADDITION TO SUMS PAYABLE TO WITNESSES AND EXPERTS AND THE COSTS REFERRED TO IN ARTICLE 72 , ' ' 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 ' ' , SHALL BE REGARDED AS RECOVERABLE COSTS .

IT FOLLOWS FROM THAT PROVISION THAT IN GENERAL THE TRAVEL AND SUBSISTENCE EXPENSES WHICH ARE RECOVERABLE ARE ESSENTIALLY THOSE INCURRED BY AGENTS , ADVISERS OR LAWYERS . HOWEVER , THE TRAVEL AND SUBSISTENCE EXPENSES OF THE APPLICANT HIMSELF ARE ALSO RECOVERABLE IF HIS PRESENCE AT THE HEARING IS NECESSARY FOR THE PURPOSE OF THE PROCEEDINGS .

THIS MAY BE THE CASE IF THE PRESENCE OF THE APPLICANT IN PERSON IS REQUIRED BECAUSE THE COURT HAS REQUESTED IT , OR BECAUSE THE HEARING IS CONCERNED WITH THE TAKING OF EVIDENCE RELATING TO EVENTS EXPERIENCED BY THE APPLICANT , OR BECAUSE THE COURSE OF SUCH EVENTS IS EXTREMELY COMPLICATED AND IS THE MAIN POINT AT ISSUE BEFORE THE COURT .

NONE OF THESE POSSIBILITIES APPLIED IN THIS CASE . THE FACTS NECESSARY FOR DECIDING THE ISSUE WERE LARGELY CONTAINED IN THE PERSONAL FILE OF THE OFFICIAL CONCERNED AND IN THE DOCUMENTS RELATING TO THE PROCEDURE FOR PROMOTION TO GRADE B 2 FOR THE YEAR 1978 .

IN THESE CIRCUMSTANCES , THE APPLICATION MUST BE DISMISSED .

Operative part

ON THOSE GROUNDS ,

THE COURT ( FIRST CHAMBER ) HEREBY ORDERS AS FOLLOWS :

THE APPLICATION CONCERNING THE TAKING INTO ACCOUNT AS RECOVERABLE COSTS OF THE TRAVEL AND SUBSISTENCE EXPENSES IN CONNECTION WITH THE APPLICANT ' S JOURNEY TO LUXEMBOURG SO AS TO BE PRESENT AT THE HEARING IN PERSON IS DISMISSED .