Order — ECLI:EU:F:2013:89
Date: 2013-06-25
Language of the case: Italian
Court formation: Single Judge
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Action for damages - inadmissible;Staff cases - decision unnecessary

Summary Judicial proceedings — Costs — Taxation — Bringing an action for annulment having the same purpose as an application for taxation of costs — Inadmissibility (Art. 270 TFEU; Rules of Procedure of the Civil Service Tribunal, Art. 92(1); Staff Regulations, Art. 91) The specific procedure for seeking taxation of costs, provided for in Article 92(1) of the Rules of Procedure of the Civil Service Tribunal, excludes any claim for the same sums, or sums expended for the same purposes, in connection with proceedings initiated in accordance with Articles 90 and 91 of the Staff Regulations. Thus an applicant may not bring an action for damages, on the basis of Article 270 TFEU and Article 91 of the Staff Regulations, which has, in reality, the same subject-matter as an application for taxation of costs. This applies even where the defendant’s claim is not the same as the sum sought by the applicant in respect of the harm purported to have been sustained. (see paras 21, 26) See: 16 July 2009, C‑440/07 P Commission v Schneider Electric 11 July 2007, T‑351/03 Schneider Electric v Commission, para. 297 10 November 2009, F‑70/07 Marcuccio v Commission, para. 17