61979CO0024_EN
Parties
Grounds
Operative part
Parties
IN CASE 24/79 - COSTS
DOMINIQUE NOELLE OBERTHUR
V
COMMISSION OF THE EUROPEAN COMMUNITIES
Grounds
1 ARTICLE 73 OF THE RULES OF PROCEDURE PROVIDES THAT, IN ADDITION TO SUMS PAYABLE TO WITNESSES AND EXPERTS AND THE COSTS REFERRED TO IN ARTICLE 72, ' ' 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 ' ', SHALL BE REGARDED AS RECOVERABLE COSTS .
2 IT FOLLOWS FROM THAT PROVISION THAT IN GENERAL THE TRAVEL AND SUBSISTENCE EXPENSES WHICH ARE RECOVERABLE ARE ESSENTIALLY THOSE INCURRED BY AGENTS, ADVISERS OR LAWYERS . HOWEVER, THE TRAVEL AND SUBSISTENCE EXPENSES OF THE APPLICANT HIMSELF ARE ALSO RECOVERABLE IF HIS PRESENCE AT THE HEARING IS NECESSARY FOR THE PURPOSE OF THE PROCEEDINGS .
3 THIS MAY BE THE CASE IF THE PRESENCE OF THE APPLICANT IN PERSON IS REQUIRED BECAUSE THE COURT HAS REQUESTED IT, OR BECAUSE THE HEARING IS CONCERNED WITH THE TAKING OF EVIDENCE RELATING TO EVENTS EXPERIENCED BY THE APPLICANT, OR BECAUSE THE COURSE OF SUCH EVENTS IS EXTREMELY COMPLICATED AND IS THE MAIN POINT AT ISSUE BEFORE THE COURT .
4 NONE OF THESE POSSIBILITIES APPLIED IN THIS CASE . THE FACTS NECESSARY FOR DECIDING THE ISSUE WERE LARGELY CONTAINED IN THE PERSONAL FILE OF THE OFFICIAL CONCERNED AND IN THE DOCUMENTS RELATING TO THE PROCEDURE FOR PROMOTION TO GRADE B 2 FOR THE YEAR 1978 .
5 IN THESE CIRCUMSTANCES, THE APPLICATION MUST BE DISMISSED .
Operative part
ON THOSE GROUNDS,
THE COURT ( FIRST CHAMBER )
HEREBY ORDERS AS FOLLOWS :
THE APPLICATION CONCERNING THE TAKING INTO ACCOUNT AS RECOVERABLE COSTS OF THE TRAVEL AND SUBSISTENCE EXPENSES IN CONNECTION WITH THE APPLICANT ' S JOURNEY TO LUXEMBOURG SO AS TO BE PRESENT AT THE HEARING IN PERSON IS DISMISSED .