ORDER OF THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL

(Second Chamber)

20 July 2016

Case F‑4/12 DEP

Luigi Marcuccio

v

European Commission

(Civil service — Procedure — Taxation of costs)

Application:      for taxation of costs, brought by the European Commission following the Order of the Civil Service Tribunal of 14 May 2013 in Marcuccio v Commission (F‑4/12, EU:F:2013:61).

Held:      The total amount of costs to be reimbursed by Mr Luigi Marcuccio to the European Commission in respect of the recoverable costs of Case F‑4/12 is fixed at EUR 1 500. That sum shall carry interest from the date of service of this order until the date of payment, at a rate calculated on the basis of the rate fixed by the European Central Bank for its main refinancing transactions, as applicable on the first day of the month in which payment falls due, plus three and a half percentage points.

Summary

Judicial proceedings — Costs — Taxation — Taxation on the basis of precise information provided by the applicant or, in default, on the basis of an equitable assessment by the EU judicature — Fixed nature of remuneration of lawyer — Irrelevant to the court’s discretion

(Rules of Procedure of the Civil Service Tribunal, Art. 105(c))

In order to determine whether the costs actually incurred for the purposes of legal proceedings were necessary, precise information must be supplied by the applicant. Similarly, the fixed nature of the remuneration has no effect on the Tribunal’s assessment of the amount recoverable by way of costs, since it bases its decisions on well-established criteria laid down by case-law and precise information which the parties must provide to it. Whilst the absence of such information does not preclude the Tribunal fixing the amount of the recoverable costs on the basis of an equitable assessment, it nonetheless places it in a situation where its assessment of the applicant’s claims must necessarily be strict.

(see para. 28)

See:

Order of 17 February 2004 in DAI v ARAP and Others, C‑321/99 P-DEP, EU:C:2004:103, para. 23

Orders of 31 March 2011 in Tetra Laval v Commission, T‑5/02 DEP and T‑80/02 DEP, EU:T:2011:129, para. 68, and 28 May 2013 in Marcuccio v Commission, T‑278/07 P-DEP, EU:T:2013:269, para. 16