ORDER OF THE COURT (Fourth Chamber)
27 May 2024 (*)
(Article 155 of the Rules of Procedure of the Court of Justice – Failure to adjudicate – None)
In Case C‑785/22 P-OST,
APPLICATION under Article 155 of the Rules of Procedure of the Court of Justice, brought on 24 January 2024,
SC, represented by A. Kunst, Rechtsanwältin,
applicant,
the other party to the proceedings being:
Eulex Kosovo, established in Pristina (Kosovo), represented by E. Raoult, avocate,
THE COURT (Fourth Chamber),
composed of C. Lycourgos, President of the Chamber, O. Spineanu-Matei, J.‑C. Bonichot (Rapporteur), S. Rodin and L.S. Rossi, Judges,
Advocate General: L. Medina,
Registrar: A. Calot Escobar,
after hearing the Advocate General,
makes the following
Order
1        By document lodged at the Registry of the Court of Justice on 24 January 2024, SC, under Article 155(1) of the Rules of Procedure of the Court of Justice, applicable to the appeal proceedings in accordance with Article 190(1) of those rules, filed an application seeking to have remedied an alleged failure by the Court to adjudicate in the judgment of 18 January 2024, Eulex Kosovo
v SC
(C‑785/22 P, EU:C:2024:52).
2        In that judgment, the Court of Justice dismissed the appeal lodged by Eulex Kosovo against the judgment of the General Court of the European Union of 19 October 2022, SC v Eulex Kosovo (T‑242/17 RENV, EU:T:2022:637), in which the General Court, ruling by default, ordered Eulex Kosovo to pay compensation for the material and non-material damage incurred by SC.
3        In support of her application, SC submits that, in the judgment of 18 January 2024, Eulex Kosovo
v SC
(C‑785/22 P, EU:C:2024:52), the Court failed to adjudicate on her claims seeking that Eulex Kosovo be ordered to pay the costs relating to the interim proceedings in Case C‑785/22 P-R.
4        Pursuant to Article 155(1) of the Rules of Procedure, if the Court has failed to adjudicate on a specific head of claim or on costs, any party wishing to rely on that may, within a month after service of the decision, apply to the Court to supplement its decision.
5        Article 155(3) of the Rules of Procedure provides that, after the observations of the opposite party on an application made on the basis of Article 155(1) of those rules have been submitted, the Court, after hearing the Advocate General, is to decide both on the admissibility and on the substance of the application.
6        In the circumstances of the present case, in her pleadings in Case C‑785/22 P, SC requested the Court to dismiss the form of order sought by Eulex Kosovo seeking to have the judgment of 19 October 2022, SC v Eulex Kosovo (T‑242/17 RENV, EU:T:2022:637), set aside, and to order Eulex Kosovo to pay the costs of the appeal proceedings and of all the other proceedings between SC and Eulex Kosovo before the General Court and before the Court of Justice, in particular those of Case C‑785/22 P-R.
7        By judgment of 18 January 2024, Eulex Kosovo
v SC
(C‑785/22 P, EU:C:2024:52), the Court dismissed the appeal brought by Eulex Kosovo against the judgment of 19 October 2022, SC v Eulex Kosovo (T‑242/17 RENV, EU:T:2022:637) and, as stated in paragraph 2 above, ordered Eulex Kosovo to pay the costs relating to the appeal proceedings exclusively.
8        Since the Court did not specify that the order thus
made was restricted to the main proceedings in Case C‑785/22 P, it cannot be inferred from that judgment that in making that order it failed to adjudicate in that case on the costs relating to the interim proceedings in Case C‑785/22 P-R.
9        On the contrary, having regard to the ancillary nature of the interim proceedings in relation to the main proceedings, to which they are an adjunct, it was the Court’s intention, in making that ruling, to order Eulex Kosovo to pay the costs relating to the entirety of the appeal proceedings, including those relating to the interim proceedings in Case C‑785/22 P-R, which had been reserved by the Vice-President of the Court in his order of 28 March 2023, Eulex Kosovo v SC (C‑785/22 P-R, EU:C:2023:262).
10      It follows from the foregoing that, unlike what SC submits, the Court in the challenged judgment did not fail to adjudicate on her head of claim seeking that Eulex Kosovo be ordered to pay the costs of the interim proceedings in Case C‑785/22 P-R.
11      It follows that the applicant’s application seeking to have remedied an alleged failure of the Court to adjudicate in the judgment of 18 January 2024, Eulex Kosovo
v SC
(C‑785/22 P, EU:C:2024:52), must be dismissed.
Costs
12      Under Article 138(1) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party’s pleadings. In the present case, since Eulex Kosovo has merely submitted a letter stating that it would not submit observations in the present proceedings, without seeking any form of order as to costs, it must be held that the parties are to bear their own costs.
On those grounds, the Court (Fourth Chamber) hereby orders:
1.      The application under Article 155(1) of the Rules of Procedure of the Court of Justice, submitted on 24 January 2024 by SC, is dismissed.
2.      SC and Eulex Kosovo shall bear their own costs.
Luxembourg, 27 May 2024.
A. Calot Escobar
C. Lycourgos
Registrar
President of the Chamber
*      Language of the case: English.