ORDER OF THE PRESIDENT OF THE FIRST CHAMBER OF THE GENERAL COURT
12 December 2014 (*)
(Fixing of lawyers’ disbursements and fees in respect of legal aid)
In Case T‑646/11 AJ,
Vadzim Ipatau, residing in Minsk (Belarus), represented by M. Michalauskas, lawyer,
applicant,
v
Council of the European Union, represented by F. Naert and M.‑M. Joséphidès, acting as Agents,
defendant,
APPLICATION for the fixing of the lawyer’s fees under Article 97(2) of the Rules of Procedure of the General Court following the grant of legal aid pursuant to Article 95 of those rules,
THE PRESIDENT OF THE FIRST CHAMBER OF THE GENERAL COURT,
makes the following
Order
1 By order of 6 June 2012 in CD v Council (T‑646/11 AJ, EU:T:2012:279), the applicant, Mr Vadzim Ipatau, was granted legal aid in respect of his application lodged before his action for annulment had been brought. Mr M. Michalauskas was designated, as provided in that order, as the lawyer to represent the applicant in Case T‑646/11.
2 As provided in that order, it was decided that the disbursements and fees of the applicant’s lawyer would be fixed on the basis of a detailed account to be submitted to the Court at the conclusion of the case but could not, in principle, exceed a maximum of EUR 6 000.
3 By two instalments, on 1 August 2012 and 9 July 2014 respectively, two advance payments each amounting to EUR 3 000 were made to the applicant’s lawyer.
4 By judgment of 23 September 2014 in Ipatau v Council (T‑646/11, EU:T:2014:800), the Court dismissed the action brought by the applicant in Case T‑646/11. The Court ordered the applicant to bear his own costs and to pay those incurred by the Council of the European Union.
5 By letter of 10 October 2014, the applicant’s lawyer requested, in respect of the applicant, additional legal aid of EUR 2 996.85, the total sum of the invoices issued by that lawyer thus amounting to EUR 8 996.85.
6 According to Article 97(2) of the Rules of Procedure, where, by virtue of the decision closing the proceedings, the recipient of legal aid has to bear his own costs, the President is to fix the lawyer’s disbursements and fees which are to be paid by the cashier of the General Court by way of a reasoned order from which no appeal lies.
7 It is apparent from settled case-law that, since EU law does not lay down any provisions on fee scales to evaluate lawyers’ fees, the Court must make an unfettered assessment of the facts in question, taking into account the purpose and nature of the proceedings, their significance from the point of view of EU law as well as the difficulties presented by the case, the amount of work generated by the proceedings for the agents and advisers involved and the financial interests which the parties had in the proceedings (order of 4 March 2010 in de Jong v Council and Commission, T‑303/94, EU:T:2010:77, paragraph 9 and the case-law cited).
8 In the present case, it should be observed that the analysis of the detailed account submitted to the Court by the applicant’s lawyer, in the context of his application for additional legal aid, shows, in respect of a legal aid application, a request for an expedited procedure and an action followed by a request to amend the form of order sought, a total of 33 hours’ work invoiced by that lawyer, including 8 hours for the oral hearing of 11 February 2014 which took place from 14.34 to 16.12.
9 In the light of the foregoing and of the nature, importance and degree of difficulty of the proceedings in Case T‑646/11, the Court will make an equitable assessment of the circumstances of the present case in ordering that the disbursements and fees due to the applicant’s lawyer to be paid by the Court’s cashier will be fixed at EUR 7 500. In view of the advance payments already made to the applicant’s lawyer, additional legal aid of EUR 1 500 remains therefore to be paid to that lawyer.
On those grounds,
THE PRESIDENT OF THE FIRST CHAMBER OF THE GENERAL COURT
hereby orders:
1. The disbursements and fees of the applicant’s lawyer, M. Michalauskas, who was designated to represent the applicant in Case T‑646/11, are fixed at EUR 7 500, in respect of the legal aid to be paid by the cashier of the General Court.
2. The sum of EUR 1 500 (one thousand five hundred euros) will be paid directly to that lawyer, in addition to the sum of EUR 6 000 which that lawyer has already received by way of advance payments.
Luxembourg, 12 December 2014.