Costs of proceedings before the CJEU Cover Image

Koszty postępowania przed TSUE
Costs of proceedings before the CJEU

Author(s): Łukasz Augustyniak
Subject(s): Law on Economics, EU-Legislation
Published by: Krajowa Izba Radców Prawnych
Keywords: costs of the proceedings; Court of Justice of the European Union (CJEU); expenses necessarily incurred by the parties

Summary/Abstract: The article presents issues connected with adjudicating upon the costs incurred in legal proceedings before the Court of Justice of the European Union (CJEU). Regulations concerning this matter have, to a considerable degree, originated from judicial decisions and depart significantly from Polish domestic legislation. The author begins by elucidating the regulations of the Statute of the CJEU, and the Rules of Procedure of the CJEU and the General Court, to subsequently analyze the rules governing adjudication upon the costs borne by the parties to and participants in legal proceedings before these courts. The article explicates the detailed procedure for recovering litigation costs, from the phase of negotiations between the parties and the participants, through the submission of an application for reimbursement of costs incurred, to the adjudication phase, in which a specified amount of recoverable costs is awarded. Special attention has been paid to the construal of the term “expenses necessarily incurred by the parties for the purposes of the proceedings”.

  • Issue Year: 2016
  • Issue No: 2
  • Page Range: 101-120
  • Page Count: 20
  • Language: Polish