61978O0241(01)

IN JOINED CASES

241/78 DGV DEUTSCHE GETREIDEVERWERTUNG UND RHEINISCHE KRAFTFUTTERWERKE GMBH ,

242/78 WERHAHN HANSAMUHLE ,

246/78 SPRL MASELIS FRERES ,

247/78 CODRICO BV ,

248/78 HANSA-LAGERHAUS STROH ,

249/78 BV MEELFABRIEK WEERT ,

APPLICANTS ,

V

EUROPEAN ECONOMIC COMMUNITY ,

REPRESENTED BY ITS INSTITUTIONS :

1 . COUNCIL OF THE EUROPEAN COMMUNITIES ,

2 . COMMISSION OF THE EUROPEAN COMMUNITIES ,

DEFENDANT ,

APPLICATIONS RELATING TO THE TAXATION OF RECOVERABLE COSTS ,

1 ACCORDING TO ARTICLE 73 ( B ) OF THE RULES OF PROCEDURE OF THE COURT , THE FOLLOWING ARE TO BE REGARDED AS RECOVERABLE COSTS : . . . ' ' 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 . ' '

2 AS THE COMMISSION HAS CORRECTLY OBSERVED , THE COURT IS NOT CALLED UPON TO TAX THE FEES DUE BY THE PARTIES TO THEIR OWN LAWYERS BUT TO DETERMINE THE EXTENT TO WHICH SUCH REMUNERATION MAY BE RECOVERED FROM THE PARTY ORDERED TO BEAR THE COSTS . IT FOLLOWS THAT THE COURT IS NOT REQUIRED TO HAVE REGARD TO A NATIONAL SCALE FIXING LAWYERS ' FEES .

3 AS COMMUNITY LAW HAS NOT LAID DOWN ANY PROVISIONS IN THE NATURE OF A SCALE , THE COURT MUST UNDERTAKE A FREE APPRECIATION OF THE FACTS OF THE DISPUTE HAVING REGARD TO ITS OBJECT AND NATURE , ITS IMPORTANCE FROM THE POINT OF VIEW OF COMMUNITY LAW AND THE DIFFICULTIES OF THE PROCEEDINGS , THE AMOUNT OF WORK WHICH THE LITIGATION MAY HAVE CAUSED THE LAWYER AND WHAT THE DISPUTE MAY HAVE MEANT TO THE PARTIES IN FINANCIAL TERMS .

4 AS REGARDS THESE CASES , ACCOUNT MUST ALSO BE TAKEN OF THE FACT THAT THE LEGAL PROBLEMS WERE IDENTICAL FOR ALL THE CASES , THAT THEY WERE JOINED FOR THE PURPOSES OF THE PROCEDURE AND THAT ALL THE APPLICANTS WERE REPRESENTED BY THE SAME LAWYERS . IT IS THEREFORE APPROPRIATE TO FIX THE RECOVERABLE COSTS FOR ALL THESE CASES AT A COMPREHENSIVE FIGURE TO BE DIVIDED AMONGST THE APPLICANTS IN PROPORTION TO THE COMPENSATION AWARDED TO EACH OF THEM .

5 REGARD BEING HAD TO THE NEW AND IMPORTANT QUESTIONS OF COMMUNITY LAW RAISED IN THESE CASES AS WELL AS THEIR FINANCIAL IMPORTANCE AND THE CONSIDERABLE EXTENT OF THE LAWYERS ' WORK IT IS APPROPRIATE IN THIS INSTANCE TO DETERMINE THE RECOVERABLE COSTS AT DM 100 000 PLUS POSTAL , TELEPHONE , TELEX , PHOTOCOPYING AND TRAVELLING EXPENSES . IN VIEW OF THE IMPORTANCE OF THE CASES AND THE NUMBER OF APPLICANTS IT IS PROPER TO PROVIDE TRAVELLING EXPENSES FOR TWO LAWYERS .

6 IN VIEW OF THE FACT THAT THE COURT , IN DETERMINING THE COSTS TO BE RECOVERED , HAS TAKEN ACCOUNT OF ALL THE CIRCUMSTANCES OF THE CASES UNTIL THE DATE OF DETERMINATION , THE APPLICANTS ' CLAIM FOR DEFAULT INTEREST FROM THE LODGING OF THEIR APPLICATION FOR THE TAXATION OF COSTS MUST BE DISMISSED .

ON THOSE GROUNDS ,

THE COURT ( SECOND CHAMBER )

HEREBY ORDERS AS FOLLOWS :

1 . THE COSTS TO BE REIMBURSED BY THE DEFENDANT TO THE APPLICANTS ARE FIXED AT THE SUM OF DM 100 000 PLUS POSTAL , TELEPHONE , TELEX AND TRAVELLING EXPENSES FOR TWO LAWYERS .

2 . THE RECOVERABLE COSTS ARE TO BE SHARED BETWEEN THE APPLICANTS IN PROPORTION TO THE AMOUNT OF COMPENSATION AWARDED TO EACH OF THEM .