ORDER OF THE CIVIL SERVICE TRIBUNAL
10 November 2009
Commission of the European Communities
(Civil service – Officials – Action for damages – Availability of a parallel remedy – Manifestly inadmissible)
Application: brought under Articles 236 EC and 152 EA, in which Mr Marcuccio seeks, in particular, an order that the Commission pay compensation for the harm allegedly suffered as a result of its refusal to reimburse him the recoverable costs purportedly incurred in Case T‑176/04.
Held: The first, second, third and sixth heads of claim in the action must be dismissed as manifestly inadmissible. Each party is to bear its own costs relating to the first, second, third and sixth heads of claim in the applicant’s action, including those incurred in T‑176/04 DEP.
Procedure – Costs – Taxation – Purpose
(Art. 236 EC; Rules of Procedure of the Court of First Instance, Art. 92(1); Staff Regulations, Art. 91)
The legislature has introduced a special procedure for the taxation of costs where the parties disagree on the amount and nature of the recoverable costs following a judgment or order by which the Court of First Instance brought proceedings to an end and made an order as to the costs. Furthermore, that special procedure, laid down in Article 92(1) of the Rules of Procedure of the Court of First Instance, concerning the taxation of costs, excludes any claim for the same sums, or sums expended for the same purposes, in connection with proceedings alleging non‑contractual liability of the Community. Thus an applicant may not bring an application, on the basis of Article 236 EC and Article 91 of the Staff Regulations, which has, in reality, the same subject-matter as an application for taxation of costs.
(see paras 16-17)
T‑351/03 Schneider Electric v Commission  ECR II‑2237, para. 297