C-318/82
ECLI:EU:C:1985:468
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Case 318/82
Leeuwarder Papierwarenfabriek BV v Commission of the European Communities
'Taxation of costs'
Summary
Procedure — Costs — Taxation — Factors to be taken into account (Rules of Procedure, Arts 73 (b) and 74)
ORDER OF THE THIRD CHAMBER OF THE COURT 26 November 1985 *
In Case 318/82
Leeuwarder Papierwarenfabriek BV, whose registered office is at Leeuwarden (the Netherlands), represented by B. H. ter Kuile and L. H. van Lennep, both of the Hague Bar, with an address for service in Luxembourg at the Chambers of J. Loesch, Avocat, 2 Rue Goethe,
applicant, * Language of the Case Dutch
ORDER OF 26. 11. 1985 — CASE 318/82
V
Commission of the European Communities, represented by its Legal Adviser, B. van der Esch, acting as Agent, with an address for service in Luxembourg at the office of G. Kremlis, a member of its Legal Department, Jean Monnet Building, Kirchberg,
defendant,
APPLICATION for the taxation of recoverable costs,
THE COURT (Third Chamber)
composed of: U. Everling, President of Chamber, Y. Galmot and C. Kakouris, Judges,
Advocate General : Sir Gordon Slynn Registrar: P. Heim
makes the following
ORDER
Facts
By judgment of 13 March 1985 the — Fees of the lawyer generally defendant and the interveners were ordered retained by the applicant HFL ... to pay the costs in Case 318/82 jointly and severally. — Fees of the lawyers representing the applicant during the proceedings HFL ...
By application lodged at the Court Registry — Disbursements (travel, on 9 August 1985 the applicant requested accommodation, office the Court to rule on the amount of expenses, etc.) HFL ... recoverable costs. — Expenses incurred directly by the applicant (telephone, It asks that the recoverable costs be set at telex, photocopying HFL..., which it breaks down as follows: expenses) HFL ...
LEEUWARDER PAPIERWARENFABRIEK v COMMISSION
— Travel and subsistence In addition, the Commission contends that expenses incurred directly the Court should order the applicant to pay by the applicant HFL ... the costs of the present proceedings. — Value-added tax (solely in respect of the lawyers' fees) HFL ... It is clear from the submissions and expla nations put forward by the parties that they — Total HFL... are essentially in agreement with regard to In addition, the applicant seeks an order the amount of the advance payments and that the Commission should pay the costs of other expenses which are to be regarded as the present proceedings for taxation of recoverable costs but that they disagree with costs, to the amount of HFL .... regard to the fees of the applicant's lawyers.
The Commission contends that the amount of recoverable costs should be fixed at only In that connection, the applicant contends in particular that in view of the nature and HFL..., together with the Netherlands significance of the action it is justified for value-added tax payable on that amount. It the fees of more than one lawyer to be breaks the figure down as follows : regarded as recoverable costs. — Fees of one lawyer HFL ... — Payments made in advance HFL ... — Contribution to other On the other hand, the Commission expenses HFL... maintains that, according to the wording of — Value-added tax not specified Article 73 of the Rules of Procedure, the fees of only one agent, adviser or lawyer qualify as expenses necessarily incurred by — Total HFL ... the parties for the purpose of the plus value-added tax proceedings.
Decision
1 According to Article 73 (b) of the Rules of Procedure of the Court of Justice 'expenses necessarily incurred by the parties for the purpose of the proceedings, in particular the travel and subsistence expenses and the remuneration of agents, advisers, or lawyers' are to be regarded as recoverable costs.
2 As the Court has held on numerous occasions, it is not empowered to tax the fees payable by the parties to their own lawyers but it may determine the amount of those fees which may be recovered from the party ordered to pay the costs. It follows that the Court is not obliged to take account of any national scales of lawyers' fees or any agreement in relation to fees concluded between the party concerned and his agents or advisers.
ORDER OF 26. 11. 1985 — CASE 318/82
3 Since Community law does not contain any provisions laying down a scale of fees, the Court must consider all 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 dispute for the agents and advisers involved and the financial interest which the parties had in the proceedings.
4 In the light of those considerations, in the present case the recoverable costs in respect of the fees of the applicant's lawyers must be fixed at HFL... and those in respect of advance payments and other expenses at HFL..., making a total of HFL..., to which must be added the amount of any value-added tax payable on that sum.
5 Since the Court, when determining the recoverable costs, took account of all the circumstances of the case until the time of such determination, it is not necessary for it to rule separately on the costs incurred by the parties in connection with these supplementary proceedings.
On those grounds,
THE COURT (Third Chamber)
hereby orders as follows :
The costs to be paid by the defendant to the applicant are set at a lump sum of HFL ... together with any value-added tax payable on that sum.
Luxembourg, 26 November 1985.
P. Heim U. Everling Registrar President of the Third Chamber