Judgment — ECLI:EU:F:2013:169
Date: 2013-11-05
Language of the case: Italian
Court formation: First Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Action for damages - unfounded;Staff cases - successful

Summary Judicial proceedings — Costs — Reimbursement of a sum paid by way of recoverable costs following a judgment annulling in part the judgment by which the applicant was ordered to pay those costs (Rules of Procedure of the Civil Service Tribunal, Art. 115) Under Article 115 of the Rules of Procedure of the Civil Service Tribunal, where the General Court of the European Union annuls a judgment or an order of the Tribunal and refers the case back to it, the Tribunal must, in the decision ending the proceedings, make an order as to the costs relating, first, to the proceedings instituted before it and, second, to the proceedings on the appeal before the General Court. That provision demonstrates that the annulment, albeit in part, by the General Court of a judgment or order of the Tribunal has the effect of annulling the provisions by which the Tribunal, in that judgment or order, made an order as to costs. Consequently, it was for the institution to agree to the applicant’s request for reimbursement of the sum paid by way of recoverable costs. (see paras 23-24, 27)