61963CO0020_EN
Parties
Grounds
Endorsements
Operative part
Parties
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IN JOINED CASES 20 AND 21/63
JEAN MAUDET, AN OFFICIAL OF THE EUROPEAN ECONOMIC COMMUNITY, REPRESENTED BY LOUIS ROUSSEAU, ADVOCATE AT THE CONSEIL D'ETAT AND COUR DE CASSATION, PARIS, APPLICANT,
V
COMMISSION OF THE EUROPEAN ECONOMIC COMMUNITY, REPRESENTED BY ITS LEGAL ADVISER, LOUIS DE LA FONTAINE, ACTING AS AGENT, DEFENDANT,
Grounds
WHEREAS UNDER SUBPARAGRAPH ( B ) OF ARTICLE 73 OF THE RULES OF PROCEDURE OF THE COURT, THE ONLY RECOVERABLE FEES FOR ACCEPTANCE OF SERVICE ARE THOSE NECESSARILY INCURRED FOR THE PURPOSE OF THE PROCEEDINGS;
WHEREAS SERVICES SUPPLIED TO THE APPLICANT BY THE LAWYER PROVIDING THE ADDRESS FOR SERVICE AND WHICH INVOLVE THE PAYMENT OF FEES BEAR A RESEMBLANCE TO SERVICES SUPPLIED BY THE APPLICANT'S ADVISER OR LAWYER; WHEREAS IN THIS RESPECT THE ABOVE PROVISION STATES THAT ONLY THE REMUNERATION DUE TO AN ADVISER OR LAWYER SHALL BE RECOVERABLE;
WHEREAS THE ONLY OBLIGATION ON PRIVATE PARTIES UNDER THE SECOND PARAGRAPH OF ARTICLE 17 OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EEC IS THAT IN ACTIONS BEFORE THE COURT THEY SHALL BE REPRESENTED BY A LAWYER;
WHEREAS, THEREFORE, WITHIN THE MEANING OF SUBPARAGRAH ( B ) OF ARTICLE 73 OF THE RULES OF PROCEDURE, ONLY THE REMUNERATION OF THE LAWYER REPRESENTING A PRIVATE PARTY IN AN ACTION BEFORE THE COURT MAY BE REGARDED AS NECESSARY EXPENSES OF LEGAL ASSISTANCE;
WHEREAS, THEREFORE, WHILST A PARTY TO AN ACTION BEFORE THE COURT IS FREE TO EMPLOY AN ADVISER IN ADDITION TO THE LAWYER REPRESENTING HIM BEFORE THE COURT, THE ADDITIONAL EXPENSES INCURRED AS A RESULT OF SO DOING CANNOT BE RECOVERABLE;
WHEREAS, THEREFORE, EXPENSES INCURRED IN THIS CASE AS A RESULT OF MR ARENDT'S SERVICES ARE RECOVERABLE ONLY IN SO FAR AS THE FEES FOR ACCEPTANCE OF SERVICE IN THE PROPER SENSE ARE CONCERNED AND ANY FEES PAYABLE IN RESPECT OF ADDITIONAL SERVICES ARE NOT SO RECOVERABLE,
Endorsements
ON THOSE GROUNDS,
UPON READING THE PLEADINGS;
UPON HEARING THE REPORT OF THE JUDGE-RAPPORTEUR;
UPON HEARING THE OPINION OF THE ADVOCATE - GENERAL;
HAVING REGARD TO ARTICLE 73 OF THE RULES OF PROCEDURE OF THE COURT OF JUSTICE AND ARTICLE 17 OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EUROPEAN ECONOMIC COMMUNITY;
Operative part
THE COURT ( FIRST CHAMBER )
HEREBY ORDERS :
THE TOTAL SUM RECOVERABLE IN THIS CASE BY WAY OF FEES FOR ACCEPTANCE OF SERVICE SHALL BE FIXED AT 2500 LUXEMBOURG FRANCS .