European Dynamics Luxembourg and Others v European Union Agency for Railways (European Union public contracts - Order) French Text [2019] EUECJ T-392/15DEP_CO (15 February 2019)

European Dynamics Luxembourg and Others v European Union Agency for Railways (European Union public contracts - Order) French Text [2019] EUECJ T-392/15DEP_CO (15 February 2019)

The Tribunal found that the hours claimed by the Agency's lawyers for certain tasks were excessive given the nature and complexity of the case, which involved a single legal issue and no significant factual complexity. Only 39.5 hours were deemed objectively necessary. The hourly rates were not manifestly excessive....

Source-derived case information.

Citation
[2019] EUECJ T-392/15DEP_CO
Parties
Applicant: European Dynamics Luxembourg SA; Applicant: Evropaïki Dynamiki – Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE; Applicant: European Dynamics Belgium SA; Respondent: Agence de l’Union européenne pour les chemins de fer (European Union Agency for Railways)
Jurisdiction
European Union
Procedural Posture
Taxation of Costs (dépens) Following Annulment Proceedings / Order on Taxation of Costs
Outcome
Application for taxation of costs partially granted
Legal Topics
Taxation of Costs, Annulment Proceedings, Public Contracts, Interest on Costs
European Union Law Public Procurement Taxation of Costs Annulment Proceedings Public Contracts Interest on Costs

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Parties

European Dynamics Luxembourg SA

Applicant

Evropaïki Dynamiki – Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE

Applicant

European Dynamics Belgium SA

Applicant

Agence de l’Union européenne pour les chemins de fer (European Union Agency for Railways)

Respondent

Procedural Posture

Taxation of Costs (dépens) Following Annulment Proceedings / Order on Taxation of Costs

  1. 1 What is the reasonable and recoverable amount of costs (dépens) to be paid by the applicants to the respondent following the main proceedings?
  2. 2 Are the hours and rates claimed by the respondent's lawyers reasonable and necessary?
  3. 3 Is the respondent entitled to interest on the awarded costs?

Ratio Decidendi

The Tribunal found that the hours claimed by the Agency's lawyers for certain tasks were excessive given the nature and complexity of the case, which involved a single legal issue and no significant factual complexity. Only 39.5 hours were deemed objectively necessary. The hourly rates were not manifestly excessive. The Tribunal fixed the recoverable costs at 15,180 euros and granted interest from the date of service of the order until payment, at the ECB refinancing rate plus 3.5 points.

Court Disposition

Application for taxation of costs partially granted

Orders

  • The applicants (European Dynamics Luxembourg SA, Evropaïki Dynamiki AE, European Dynamics Belgium SA) shall pay the Agency of the European Union for Railways the sum of 15,180 euros as recoverable costs.
  • This sum shall bear interest for late payment from the date of service of the order until payment, at the ECB refinancing rate plus 3.5 points.