ORDER OF THE CIVIL SERVICE TRIBUNAL
(Second Chamber)

20 June 2011

Case F‑67/10

Luigi Marcuccio

v

European Commission

(Civil service — Officials — Action for damages relating to taxation of costs — Inadmissibility)

Application:      brought under Article 270 TFEU, applicable to the EAEC Treaty pursuant to Article 106a thereof, in which Mr Marcuccio seeks, in particular, an order that the Commission pay compensation for the harm allegedly suffered as a result of its refusal to reimburse him the recoverable costs purportedly incurred in the case which led to the Tribunal’s judgment of 4 November 2008 in Case F‑41/06 Marcuccio v Commission, on appeal before the General Court of the European Union, Case T‑20/09 P.

Held:      The action is dismissed as manifestly inadmissible. Mr Marcuccio is ordered to pay all the costs.

Summary

Procedure — Costs — Taxation — Subject-matter

(Art. 270 TFEU; Staff Regulations, Art. 91; Rules of Procedure of the Civil Service Tribunal, Art. 92(1))

European Union civil service law provides for a special procedure for the taxation of costs where the parties disagree on the amount and nature of the recoverable costs following a decision by which the Civil Service Tribunal brought proceedings to an end and made an order as to the costs. Thus, under the terms of Article 92(1) of its Rules of Procedure, if there is a dispute concerning the amount and nature of the costs to be recovered, the Civil Service Tribunal, on application by the party concerned and after hearing the opposite party, gives its decision by way of reasoned order.

Furthermore, the special procedure, laid down in Article 92(1) of the Rules of Procedure, concerning the taxation of costs, excludes any claim for the same sums, or sums expended for the same purposes, in connection with proceedings alleging non-contractual liability of the Union. Thus an applicant may not bring an application, on the basis of Article 270 TFEU and Article 91 of the Staff Regulations, which has, in reality, the same subject-matter as an application for taxation of costs.

(see paras 20, 21)

See:

16 July 2009, C‑440/07 P Commission v Schneider Electric

11 July 2007, T‑351/03 Schneider Electric v Commission, para. 297, partly annulled on appeal by the abovementioned judgment of the Court of Justice

10 November 2009, F‑70/07 Marcuccio v Commission, para. 17