Summary
Keywords
Procedure - Costs - Recoverable costs - Expenses necessarily incurred by the parties - Travel and subsistence expenses and remuneration of agents, advisers or lawyers of the Community institutions - Conditions of recovery
(EC Statute of the Court of Justice, Art. 17, first para.; Rules of Procedure of the Court of Justice, Art. 73(b))
Summary
$$When, in proceedings before the Court, an institution avails itself of the option open to it under the first paragraph of Article 17 of the EC Statute of the Court of Justice to have recourse to the assistance of a lawyer or to appoint as an agent a person who is not a member of its staff, the remuneration of that lawyer or agent comes within the concept of `expenses necessarily incurred by the parties for the purpose of the proceedings' within the meaning of Article 73(b) of the Rules of Procedure, pursuant to which they may therefore be recovered. When, on the other hand, an institution thinks that its interests will be better served if it is represented by one of its officials, acting as agent, it cannot claim reimbursement under Article 73(b) in respect of the work performed by the agent in the course of the proceedings, that is to say, it cannot recover a portion of the remuneration payable to that official under the Staff Regulations. That remuneration constitutes the counterpart for the official's performance of his duties as a whole, which may include defence of the interests of the institution before the Court. Consequently, it cannot be regarded as having been disbursed `for the purpose of the proceedings'. The position is different as regards expenses which are separable from the internal activity of an institution, such as travel and subsistence expenses necessarily incurred in connection with the proceedings.
Full & Egal Universal Law Academy