Orders nº T-625/18 of Tribunal General de la Unión Europea, February 06, 2020
Resolution Date | February 06, 2020 |
Issuing Organization | Tribunal General de la Unión Europea |
Decision Number | T-625/18 |
(Civil service - Withdrawal of debit note issued by ESMA - Action which has become devoid of purpose - No need to adjudicate)
In Case T-625/18,
FT, represented by S. Pappas, lawyer,
applicant,
v
European Securities and Markets Authority (ESMA), represented by G. Filippa and F. Barzanti, acting as Agents,
defendant,
APPLICATION under Article 263 TFEU seeking the annulment, first, of ESMA’s letter of 9 August 2018, which was notified to the applicant on 10 August 2018 and by which the ESMA requested reimbursement of EUR 12 000 in relation to costs in the case that gave rise to the judgment of 8 October 2015, FT v ESMA (F-39/14, EU:F:2015:117), and, secondly, of debit note No 4440180170, which was issued by ESMA on 10 August 2018, seeking the reimbursement of that sum,
THE GENERAL COURT (Sixth Chamber),
composed of A. Marcoulli, President, C. Iliopoulos (Rapporteur) and R. Norkus, Judges,
Registrar: E. Coulon,
makes the following
Order
Background to the dispute
1 By application lodged at the Registry of the Civil Service Tribunal of the European Union on 25 April 2014, the applicant, FT, brought an action seeking, in essence, annulment of the decision of 28 June 2013 of the Executive Director of the European Securities and Markets Authority (ESMA) not to renew FT’s fixed-term contract as a member of temporary staff, which was due to expire on 31 December 2013.
2 By judgment of 8 October 2015, FT v ESMA (F-39/14, EU:F:2015:117), the Civil Service Tribunal dismissed the action in its entirety and ordered the applicant to bear the costs that they had incurred and to pay those incurred by ESMA.
3 By letter of 16 May 2017, ESMA requested the applicant to reimburse the amount of EUR 15 398.50 in respect of costs it incurred in relation to Case F-39/14, inviting the applicant to submit written observations on that request by 19 June 2017 and declaring itself open to any proposal on the applicant’s part concerning the modalities and timing of payment.
4 By letter of 22 June 2017, the applicant’s lawyer informed ESMA, in essence, that, in accordance with the applicable case-law on the subject, the costs claimed for the fees and disbursements of ESMA’s external lawyers should be regarded as ‘non-recoverable’ and that, in any event, the applicant should pay only an amount equal to that which would have been due if ESMA had been represented in the case in question by its own staff. Lastly, without prejudice to the above, the applicant also argued...
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