EuG · T-157/96

BIB.ORDERT-157/96 AJ61996B01570007.000115611605TORDER OF 19. 2. 1997 — CASE T-157/96 AJ AFFATATO v COMMISSION Order of the Court of First Instance (Fourth Chamber) 19 February 1997(*) In Case T-157/96 AJ, Paolo Salvatore Affatato, residing in Foggia (Italy), applicants, vCommission of the European Communities, represented by Gianluigi Valsesia, Principal Legal Adviser, acting as Agent, with an address for service in Luxembourg at the office of Carlos Gómez de la Cruz, of its Legal Service, Wagner Centre, Kirchberg, defendants, APPLICATION for free legal aid under Article 94 of the Rules of Procedure, THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Fourth Chamber), composed of: K. Lenaerts, President, P. Lindh and J. D. Cooke, Judges, Registrar: H. Jung, makes the following Order Having regard to Articles 94 and 95 of the Rules of Procedure, By application lodged at the Registry of the Court of First Instance on 14 October 1996, the applicant through the intermediary of his lawyer brought an action seeking, first, re-registration on the list of successful candidates in Competition COM/B/794 or, in the alternative, annulment of allegedly illegal stages of that competition and, secondly, an award of compensation. On 30 October 1996 he sought without the intermediary of a lawyer the grant of free legal aid. In connection with that request he produced five supporting documents, namely a certificate issued by the Foggia municipality to show that he is dependent on his parents; a certificate of registration as a job seeker issued by the Ministry of Employment and Social Security to show that he is unemployed; a certificate from the Minister of Finances attesting that between 1990 and 1994 the applicant did not present any declaration either for purposes of income tax for natural persons or for purposes of value added tax (VAT): a certificate from the Ministry of Finances attesting that the applicant has never had a VAT number and a declaration by the Foggia municipality in place of an act of public notoriety, attesting the applicant's indigence. The Registrar of the Court of First Instance requested the applicant to provide an estimate of his lawyer's costs and expenses. However, owing to the applicant's desire to change his lawyer, he was unable to provide the estimate requested. He asked for the period for lodging that document to be extended by 90 days and, in the alternative, for a lawyer to be appointed ex officio, under Article 95 of the Rules of Procedure. The Registrar of the Court of First Instance informed him that the reply had to be lodged by 21 February 1997 but that he could provide an estimate of his lawyer's costs and expenses after his request for legal aid had been processed. By letter received on 13 January 1997 the Commission stated that it had no observations to make on the application for free legal aid. Under the terms of the second subparagraph of Article 94(2) of the Rules of Procedure an application for free legal aid does not need to be presented by a lawyer. That exemption does not apply only in the case mentioned in the first subparagraph of that provision, namely when the request is made prior to the action which the claimant intends to bring, but also when that request is made after the action has been brought by a lawyer. The request for legal aid is therefore admissible. In accordance with the fourth subparagraph of Article 94(2) of the Rules of Procedure, the Chamber is to give a decision on the request for legal aid by way of an order without a statement of reasons, and against which no appeal lies. On those grounds, THE COURT OF FIRST INSTANCE (Fourth Chamber) hereby orders: 1.Paolo Salvatore Affatato is granted free legal aid. 2.The decision on the appointment of a lawyer is reserved. 3.The decision on the amount of the costs and fees to be borne by way of legal aid is also reserved. However, this amount shall not exceed BFR 100 000. Luxembourg, 19 February 1997. H. Jung Registrar K. Lenaerts President (*)Language of the case: Italian.