Keywords
Summary

Keywords

1 . PROCEDURE - COSTS - RECOVERABLE COSTS - CLAIM FOR REIMBURSEMENT - TIME-LIMIT

( RULES OF PROCEDURE , ART . 73 )

2 . PROCEDURE - COSTS - RECOVERABLE COSTS - EXPENSES NECESSARILY INCURRED BY THE PARTIES - TRAVEL AND SUBSISTENCE EXPENSES AND THE REMUNERATION OF AGENTS , ADVISERS OR LAWYERS OF THE COMMUNITY INSTITUTIONS - CONDITIONS FOR REIMBURSEMENT

( STATUTE OF THE COURT OF JUSTICE OF THE EEC , FIRST PARAGRAPH OF ART . 17 ; RULES OF PROCEDURE , ART . 73 ( B ))

Summary

1 . A PARTY CANNOT LOSE HIS RIGHT TO RECOVER THE COSTS REFERRED TO IN ARTICLE 73 OF THE RULES OF PROCEDURE WHERE HE HAS CLAIMED REIMBURSEMENT FROM THE OTHER PARTY WITHIN A REASONABLE PERIOD .

2 . WHEN , IN PROCEEDINGS BEFORE THE COURT , AN INSTITUTION AVAILS ITSELF OF THE OPTION ALLOWED IT BY THE FIRST PARAGRAPH OF ARTICLE 17 OF THE STATUTE OF THE COURT OF JUSTICE OF THE EEC TO BE ASSISTED BY A LAWYER OR TO APPOINT AS 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 . . . FOR THE PURPOSE OF THE PROCEEDINGS ' ' WITHIN THE MEANING OF ARTICLE 73 ( B ) OF THE RULES OF PROCEDURE AND MAY ACCORDINGLY BE RECOVERED BY VIRTUE OF THAT PROVISION .

WHEN , ON THE OTHER HAND , THE INSTITUTION THINKS THAT ITS INTERESTS WILL BE BETTER SERVED BY ITS BEING REPRESENTED BY ONE OF ITS OFFICIALS , ACTING AS AGENT , IT CANNOT CLAIM UNDER ARTICLE 73 ( B ) ' ' EXPENSES RELATING TO THE WORK OF THE AGENT IN CONNEXION WITH THE PROCEEDINGS ' ' , THAT IS TO SAY A PROPORTION OF THE REMUNERATION WHICH IT OWES THAT OFFICIAL UNDER THE STAFF REGULATIONS . IN FACT , SUCH REMUNERATION CONSTITUTES THE COUNTERPART OF THE PERFORMANCE OF THE WHOLE OF THE DUTIES ASSIGNED TO THE PERSON CONCERNED , INCLUDING , WHERE NECESSARY , THE DEFENCE , IN PROCEEDINGS BEFORE THE COURT , OF THE INSTITUTION ' S INTERESTS ; IT CANNOT THEREFORE BE REGARDED AS HAVING BEEN EXPENDED ' ' FOR THE PURPOSE OF THE PROCEEDINGS ' ' . THE POSITION IS DIFFERENT WITH REGARD TO THE COSTS RELATING TO THE AGENT ' S PARTICIPATION IN THE ORAL PROCEDURE , NAMELY HIS TRAVELLING EXPENSES AND THE DAILY SUBSISTENCE ALLOWANCE .