Case T-45/01 DEP

Stephen G. Sanders and Others

v

Commission of the European Communities

(Procedure – Taxation of costs)

Summary of the Order

1.      Procedure – Costs – Taxation – Recoverable costs – Matters to be taken into consideration

(Rules of Procedure of the Court of First Instance, Art. 91(b))

2.      Procedure – Costs – Taxation – Conduct which gave rise to the costs not to be taken into account

(Rules of Procedure of the Court of First Instance, Art. 87(1) and (3), second para.)

1.      Recoverable costs are limited, first, to those incurred for the purpose of the proceedings before the Court of First Instance and, second, to those which were necessary for that purpose. In the absence of Community provisions laying down fee-scales, the Court must make an unfettered assessment of the facts of the case, taking into account the purpose and nature of the proceedings, their significance from the point of view of Community 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.

(see paras 27-28)

2.      Although the abusive nature of one party’s conduct is relevant for the allocation of costs ordered by the Court in the final judgment or in the order which closes the proceedings, pursuant to Article 87(1) and (3), second subparagraph, of the Rules of Procedure of the Court of First Instance, that abuse is, however, of no relevance at the stage of the taxation of costs, effected by the Court pursuant to Article 92(1) of those rules, since taxation is an objective procedure, the aim of which is to determine the necessary costs incurred for the purpose of the proceedings, irrespective of whether the conduct which gave rise to those costs is abusive or not.

(see para. 36)