Parties
Grounds
Operative part
Parties
IN CASE 24/79 - COSTS
DOMINIQUE NOELLE OBERTHUR
V
COMMISSION OF THE EUROPEAN COMMUNITIES
Grounds
1 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 .
2 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 .
3 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 .
4 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 .
5 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 .
Full & Egal Universal Law Academy