C-17/68

ν

Commission of the European Communities

Having regard to the judgment delivered by the Court (First Chamber) on 6 May 1969; Having regard to the order of the First Chamber of the Court of 17 September 1969 made on the application of the applicant and fixing the amount of the costs recoverable out of the entire costs incurred by this party at francs; Having regard to the application lodged by the said applicant on 16 December 1969 ; Having regard to the observations of the Commission of the European Commun­ ities lodged on 8 January 1970; Upon hearing the report of the Judge-Rapporteur ; Upon hearing the opinion of the Advocate-General ; Having regard to Articles 74 and 102 of the Rules of Procedure of the Court of Justice of the European Communities; Whereas the applicant asks the Court to declare, in interpretation of its order of 17 September 1969, that the costs to be recovered by the applicant shall include the sum of francs by way of Counsel's fees, excluding the costs which must be considered to be payable in addition ; Whereas the only object of the taxation of costs to be recovered under Article 74 of the Rules of Procedure is to determine, if necessary, the amount of the costs and fees which, having regard to all the facts of the case, must be borne by the un­ successful party by way of costs to be recovered ;

1 — Language of the Case : French.

ORDER OF 22. 1. 1970 — CASE 17/68

Whereas the terms of the order of 17 September 1969 state clearly that the amount of the costs to be recovered out of the entire costs incurred by the applicant shall be francs ; Whereas it is therefore unnecessary to interpret the said order,

The application is dismissed.

Delivered in open court in Luxembourg on 22 January 1970.

A. Van Houtte R. Monaco

Registrar President of the First Chamber