61976CO0064_EN
Parties
Subject of the case
Grounds
Operative part
Parties
IN JOINED CASES
64/76 P . DUMORTIER FRERES SA, TOURCOING,
113/76MAISERIES DU NORD SA, MARQUETTE-LEZ-LILLE,
167/78MOULINS & HUILERIES DE PONT-A-MOUSSON SA, PONT-A-MOUSSON,
239/78MAISERIES DE BEAUCE SARL ( MOULIN DE MARBOUE ), MARBOUE,
27/79COSTIMEX SA, STRASBOURG,
28/79 ' ' LA PROVIDENCE AGRICOLE DE LA CHAMPAGNE ' ', SOCIETE COOPERATIVE AGRICOLE, RHEIMS,
45/79MAISERIES ALSACIENNES SA, COLMAR,
APPLICANTS,
V
EUROPEAN ECONOMIC COMMUNITY, REPRESENTED BY THE COUNCIL OF THE EUROPEAN COMMUNITIES,
DEFENDANT,
Subject of the case
CONCERNING THE DETERMINATION OF COSTS,
Grounds
1 ACCORDING TO ARTICLE 73 ( B ) OF THE RULES OF PROCEDURE OF THE COURT, THE FOLLOWING ARE TO BE REGARDED AS RECOVERABLE COSTS : ' ' . . . EXPENSES NECESSARILY INCURRED BY THE PARTIES FOR THE PURPOSE OF THE PROCEEDINGS, IN PARTICULAR THE TRAVEL AND SUBSISTENCE EXPENSES AND THE REMUNERATION OF AGENTS, ADVISERS OR LAWYERS . ' '
2 AS COMMUNITY LAW DOES NOT CONTAIN ANY PROVISIONS LAYING DOWN A SCALE OF COSTS, THE COURT MUST UNDERTAKE A FREE APPRECIATION OF THE CIRCUMSTANCES OF THE CASE, HAVING REGARD TO THE SUBJECT-MATTER AND NATURE OF THE DISPUTE, ITS IMPORTANCE FROM THE POINT OF VIEW OF COMMUNITY LAW, THE DIFFICULTIES OF THE PROCEEDINGS, THE AMOUNT OF WORK WHICH THE LITIGATION MAY HAVE CAUSED THE LAWYERS AND THE FINANCIAL IMPLICATIONS FOR THE PARTIES .
3 AS FAR AS THE PRESENT CASES ARE CONCERNED, ACCOUNT MUST ALSO BE TAKEN OF THE FACT THAT THE LEGAL PROBLEMS WERE IDENTICAL FOR ALL THE CASES, THAT THEY WERE JOINED FOR THE PURPOSES OF THE PROCEDURE AND THAT ALL THE APPLICANTS WERE REPRESENTED BY THE SAME LAWYERS . IT IS THEREFORE APPROPRIATE TO FIX THE RECOVERABLE COSTS FOR ALL THESE CASES AT A COMPREHENSIVE FIGURE TO BE DIVIDED AMONG THE APPLICANTS IN PROPORTION TO THE COMPENSATION AWARDED TO EACH OF THEM, UNLESS THEY AGREE ON ANOTHER METHOD OF DIVISION .
4 REGARD BEING HAD TO THE NEW AND IMPORTANT QUESTIONS OF COMMUNITY LAW RAISED IN THESE CASES AND TO THEIR FINANCIAL IMPORTANCE AND THE CONSIDERABLE EXTENT OF THE LAWYERS '
WORK AND THE NUMBER AND DIVERSITY OF THE PROCEDURAL STEPS WHICH IT HAS BEEN NECESSARY TO TAKE, IT IS APPROPRIATE IN THIS INSTANCE TO FIX THE RECOVERABLE COSTS AT THE TOTAL SUM OF FF 300 000, IN VIEW OF THE FACT THAT THE APPLICANTS HAVE NOT SUBMITTED A SEPARATE CLAIM FOR, INTER ALIA, THE TRAVELLING EXPENSES OF THEIR LAWYERS .
Operative part
ON THOSE GROUNDS
THE
COURT ( SECOND CHAMBER ),
HEREBY ORDERS AS FOLLOWS :
1 . THE COSTS TO BE REIMBURSED TO THE APPLICANTS BY THE DEFENDANT ARE FIXED AT THE SUM OF FF 300 000 .
2.THE RECOVERABLE COSTS ARE TO BE SHARED BETWEEN THE APPLICANTS IN PROPORTION TO THE AMOUNT OF COMPENSATION AWARDED TO EACH OF THEM, UNLESS BY GENERAL AGREEMENT THEY ASK THE DEFENDANT, WITHIN ONE MONTH OF THE PRESENT ORDER, TO DIVIDE THE COSTS OTHERWISE .