Avis juridique important

Order of the Court (Second Chamber) of 22 February 1968. - Acciaierie San Michele SpA v High Authority of the ECSC. - Joined cases 9 and 58-65. European Court reports French edition Page 00383 Dutch edition Page 00368 German edition Page 00388 Italian edition Page 00346 English special edition Page 00259

Parties Grounds Operative part

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IN JOINED CASES 9 AND 58/65

ACCIAIERIE SAN MICHELE SPA ( IN LIQUIDATION )

V

HIGH AUTHORITY OF THE EUROPEAN COAL AND STEEL COMMUNITY,

WHEREAS, BY JUDGMENT DELIVERED ON 2 MARCH 1967 IN JOINED CASES 9 AND 58/65, THE HIGH AUTHORITY OF THE EUROPEAN COAL AND STEEL COMMUNITY WAS ORDERED TO PAY 19/20 OF THE COSTS OF THE ACTION AND ACCIAIERIE SAN MICHELE SPA THE REMAINING 1/20;

WHEREAS, BY ORDER OF 26 MAY 1967, THE FIRST CHAMBER OF THE COURT DECLARED AN APPLICATION MADE BY ACCIAIERIE SAN MICHELE FOR TAXATION OF THE RECOVERABLE COSTS TO BE INADMISSIBLE ON THE GROUND THAT, AT THE DATE ON WHICH THE COURT HAD BEEN REQUESTED TO DECIDE UPON THE MATTER, THERE EXISTED NO DISPUTE WITH REGARD EITHER TO THE AMOUNT OR TO THE PAYMENT OF THE COSTS;

WHEREAS, ON 24 NOVEMBER 1967, THE COMMISSION OF THE EUROPEAN COMMUNITIES, TAKING THE PLACE OF THE HIGH AUTHORITY OF THE EUROPEAN COAL AND STEEL COMMUNITY BY VIRTUE OF ARTICLE 9 OF THE TREATY OF 8 APRIL 1965, APPLIED TO THE COURT IN PURSUANCE OF ARTICLE 74 OF THE RULES OF PROCEDURE FOR AN ORDER WITH REGARD TO THE AMOUNT OF THE COSTS IN JOINED CASES 9 AND 58/65;

WHEREAS, IN THE SAID APPLICATION, THE COMMISSION ALLEGES THAT THE AMOUNTS DEMANDED BY THE OPPOSITE PARTY ARE EXCESSIVE AND UNRELATED TO THE IMPORTANCE OF THE CASE AND THAT ACCIAIERIE SAN MICHELE HAS REFUSED TO ACCEPT RESPONSIBILITY FOR ITS SHARE OF THE HIGH AUTHORITY'S COSTS;

A - ADMISSIBILITY

WHEREAS, ACCORDING TO ACCIAIERIE SAN MICHELE, THE APPLICATION OF THE COMMISSION IS INTENDED TO SECURE A VARIATION OF THE ORDER OF 26 MAY 1967 FROM WHICH, UNDER ARTICLE 74(1 ) OF THE RULES OF PROCEDURE, NO APPEAL LIES;

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WHEREAS, MOREOVER, IT IS ALLEGED THAT THE ARGUMENTS NOW PUT FORWARD BY THE COMMISSION ARE INCOMPATIBLE BOTH WITH THE GROUNDS OF THE ORDER OF 26 MAY 1967 AND WITH THE EARLIER DECLARATIONS OF THE HIGH AUTHORITY;

WHEREAS THE ORDER OF 26 MAY 1967 WAS LIMITED TO A FINDING THAT AT THE TIME OF THE FIRST APPLICATION FOR TAXING OF COSTS NO DISPUTE EXISTED AND WHEREAS NO JUDGMENT WAS DELIVERED WITH REGARD TO THE SUBSTANCE OF THE MATTER;

WHEREAS, THEREFORE, THE APPLICATION OF THE COMMISSION DOES NOT AMOUNT TO AN APPEAL AGAINST THE PREVIOUS DECISION;

WHEREAS ARTICLE 74(1 ) OF THE RULES OF PROCEDURE DOES NOT PRESCRIBE ANY TIME-LIMIT FOR THE MAKING OF AN APPLICATION TO THE COURT TO SETTLE A DISPUTE WITH REGARD TO COSTS;

WHEREAS AN APPLICATION FOR THE TAXATION OF COSTS IS ADMISSIBLE WHENEVER ONE OF THE PARTIES TO THE MAIN ACTION DISPUTES THE COSTS;

WHEREAS SUCH IS THE POSITION IN THE PRESENT CASE AS THE COMMISSION HAS DISPUTED THE AMOUNT OF THE COSTS DEMANDED BY THE OPPOSITE PARTY;

WHEREAS THE APPLICATION OF THE COMMISSION IS THEREFORE ADMISSIBLE;

B - SUBSTANCE

WHEREAS IT APPEARS EQUITABLE TO FIX THE AMOUNT OF THE FEES AND EXPENSES OF THE ADVOCATE OF ACCIAIERIE SAN MICHELE AT LIT . 2 800 000 AND THE AMOUNT OF THE FEES AND EXPENSES OF THE ADVOCATE WHO ASSISTED THE AGENT OF THE HIGH AUTHORITY AT LIT . 2 000 000;

WHEREAS IN PURSUANCE OF THE JUDGMENT OF 2 MARCH 1967 THE COMMISSION OF THE EUROPEAN COMMUNITIES IS TO BEAR 19/20 OF THOSE AMOUNTS, THE REMAINING 1/20 BEING CHARGED TO ACCIAIERIE SAN MICHELE;

THE COURT ( SECOND CHAMBER )

COMPOSED OF : W . STRAUSS, PRESIDENT, A . TRABUCCHI AND P . PESCATORE ( RAPPORTEUR ), JUDGES,

ADVOCATE-GENERAL : J . GAND

REGISTRAR : A . VAN HOUTTE

HEREBY ORDERS :

1 . THE COSTS TO BE REIMBURSED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES TO THE LIQUIDATOR OF ACCIAIERIE SAN MICHELE ARE FIXED AT LIT . 2 660 000;

2 . THE COSTS TO BE REIMBURSED BY THE LIQUIDATOR OF ACCIAIERIE SAN MICHELE TO THE COMMISSION OF THE EUROPEAN COMMUNITIES ARE FIXED AT LIT . 100 000 .