About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline



2013-9 E.C.R. 1 (2013)

handle is hein.intyb/rcbjcofi0351 and id is 1 raw text is: 





ZCVRLA


Reports   of  Cases


Case C-521/09  P-DEP

   Elf Aquitaine SA
          V
European  Commission


                                     ((Taxation of costs)


          Summary  -  Order of the Court of Justice (Eighth Chamber) of 1 October 2013

1.  Judicial proceedings - Costs - Taxation - Competent court in the event of appeal

    (Rules of Procedure of the Court of Justice, Arts 137 and 184(1); Rules of Procedure of the General
    Court, Art. 87(1))


2.  Judicial proceedings
    consideration


Costs -  Taxation -  Recoverable costs


Elements to be taken into


    (Rules of Procedure of the Court of Justice, Art. 144(b))

3.  Judicial proceedings - Costs - Taxation - Recoverable costs - Involvement of more than one
    lawyer -  No effect - Assessment having regard primarily to the total number of hours' work
    objectively necessary for the purposes of the proceedings

    (Rules of Procedure of the Court of Justice, Art. 144(b))

4.  Judicial proceedings - Costs - Taxation - Recoverable costs - Concept - Value added tax -
    Exclusion in the case of a taxable person

    (Rules of Procedure of the Court of Justice, Art. 144(b))

1. See the text of the decision.

                                                                             (see paras 9-12)

2. 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. Recoverable costs are limited, first, to those incurred for the purpose of
the proceedings, and, second, to those which were necessarily incurred.

The Courts of the European Union are authorised, not to tax the fees payable by the parties to their
own lawyers, but to determine the amount up to which that remuneration may be recovered from the
party ordered to pay the costs. In ruling on the application for taxation of costs, those courts are 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.


ECLJ:EU:C:2013:6441


1