Order — ECLI:EU:F:2014:271
Date: 2014-12-11
Language of the case: French
Court formation: Second Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - unfounded;Staff cases - inadmissible;Action for damages - unfounded

Summary Judicial proceedings — Costs — To whom chargeable — Taking into account of requirements of fairness — Order for the successful party to pay the costs (Rules of Procedure of the Civil Service Tribunal, Art. 102(2); Staff Regulations, Art. 90(1)) Under Article 102(2) of its Rules of Procedure, the Civil Service Tribunal may order the successful party to bear its own costs and to pay the costs incurred by the other party if this appears justified by its conduct, including before the proceedings were brought. In that regard, ordering the institution to pay the costs may be justified by lack of due diligence in the pre-litigation procedure. That is the case where the institution allows the period of four months laid down in Article 90(1) of the Staff Regulations to elapse without adopting an express decision rejecting the complaint lodged by the person concerned, and where it does not even adopt such a decision in the following three months, and where it is possible that if the institution had adopted such a decision the applicant would not have brought the action. (see paras 80, 82) See: Order in Coedo Suárez v Council, F‑73/10, EU:F:2011:102, para. 47