Order of the Court (Second Chamber) of 19 May 1982. – P. Dumortier Frères and others v Council of the European Communities.

Parties

IN JOINED CASES

64/76 P . DUMORTIER FRERES SA , TOURCOING ,

113/76MAISERIES DU NORD SA , MARQUETTE-LEZ-LILLE ,

167/78MOULINS & HUILERIES DE PONT-A-MOUSSON SA , PONT-A-MOUSSON ,

239/78MAISERIES DE BEAUCE SARL ( MOULIN DE MARBOUE ), MARBOUE ,

27/79COSTIMEX SA , STRASBOURG ,

28/79 ' ' LA PROVIDENCE AGRICOLE DE LA CHAMPAGNE ' ' , SOCIETE COOPERATIVE AGRICOLE , RHEIMS ,

45/79MAISERIES ALSACIENNES SA , COLMAR ,

APPLICANTS ,

V

EUROPEAN ECONOMIC COMMUNITY , REPRESENTED BY THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

DEFENDANT ,

Subject of the case

CONCERNING THE DETERMINATION OF COSTS ,

Grounds

1 ACCORDING TO ARTICLE 73 ( B ) OF THE RULES OF PROCEDURE OF THE COURT , THE FOLLOWING ARE TO BE REGARDED AS RECOVERABLE COSTS : ' ' . . . 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 . ' '

2 AS COMMUNITY LAW DOES NOT CONTAIN ANY PROVISIONS LAYING DOWN A SCALE OF COSTS , THE COURT MUST UNDERTAKE A FREE APPRECIATION OF THE CIRCUMSTANCES OF THE CASE , HAVING REGARD TO THE SUBJECT-MATTER AND NATURE OF THE DISPUTE , ITS IMPORTANCE FROM THE POINT OF VIEW OF COMMUNITY LAW , THE DIFFICULTIES OF THE PROCEEDINGS , THE AMOUNT OF WORK WHICH THE LITIGATION MAY HAVE CAUSED THE LAWYERS AND THE FINANCIAL IMPLICATIONS FOR THE PARTIES .

3 AS FAR AS THE PRESENT CASES ARE CONCERNED , ACCOUNT MUST ALSO BE TAKEN OF THE FACT THAT THE LEGAL PROBLEMS WERE IDENTICAL FOR ALL THE CASES , THAT THEY WERE JOINED FOR THE PURPOSES OF THE PROCEDURE AND THAT ALL THE APPLICANTS WERE REPRESENTED BY THE SAME LAWYERS . IT IS THEREFORE APPROPRIATE TO FIX THE RECOVERABLE COSTS FOR ALL THESE CASES AT A COMPREHENSIVE FIGURE TO BE DIVIDED AMONG THE APPLICANTS IN PROPORTION TO THE COMPENSATION AWARDED TO EACH OF THEM , UNLESS THEY AGREE ON ANOTHER METHOD OF DIVISION .

4 REGARD BEING HAD TO THE NEW AND IMPORTANT QUESTIONS OF COMMUNITY LAW RAISED IN THESE CASES AND TO THEIR FINANCIAL IMPORTANCE AND THE CONSIDERABLE EXTENT OF THE LAWYERS ' WORK AND THE NUMBER AND DIVERSITY OF THE PROCEDURAL STEPS WHICH IT HAS BEEN NECESSARY TO TAKE , IT IS APPROPRIATE IN THIS INSTANCE TO FIX THE RECOVERABLE COSTS AT THE TOTAL SUM OF FF 300 000 , IN VIEW OF THE FACT THAT THE APPLICANTS HAVE NOT SUBMITTED A SEPARATE CLAIM FOR , INTER ALIA , THE TRAVELLING EXPENSES OF THEIR LAWYERS .

Operative part

ON THOSE GROUNDS

THE

COURT ( SECOND CHAMBER ),

HEREBY ORDERS AS FOLLOWS :

1 . THE COSTS TO BE REIMBURSED TO THE APPLICANTS BY THE DEFENDANT ARE FIXED AT THE SUM OF FF 300 000 .

2.THE RECOVERABLE COSTS ARE TO BE SHARED BETWEEN THE APPLICANTS IN PROPORTION TO THE AMOUNT OF COMPENSATION AWARDED TO EACH OF THEM , UNLESS BY GENERAL AGREEMENT THEY ASK THE DEFENDANT , WITHIN ONE MONTH OF THE PRESENT ORDER , TO DIVIDE THE COSTS OTHERWISE .