Luxembourg, 22/02/2002 (Agence Europe) - One hundred and fifty nine hours of work is too much, says the Court of First Instance (CFI) to prepare the applications and replies in three identical or similar cases in which the former European Commissioner and former MEP Carlo di Ripa Meana and former MEP Leoluca Orlando had secured a European parliamentary pension from Parliament that the latter refused them.
Parliament having lost the case, the lawyers of the parliamentarians, Wilma Viscardini Dona and Gabriele Dona had demanded fees for the three cases (two for Ripa di Meana), which were 46 and 43 million lira (23 757 and 22 208 euro), increased by 2% in contributions to the Lawyers' social security fund (CNAP), 20% in VAT and 3.5% in interest. Parliament having proposed 15 million lira (7 747 euro), the Court of First Instance decided to set the lawyers' fees at a global sum of 40 million lira (20 658 euro) "CNAP and VAT included". Regarding the cost of phone calls and mail, as well as travel expenses estimated at 9 million lira, "these are not accompanied by proof of payment", the Fourth Chamber, presided over by Mihalis Vilaras, stipulates.
Parliament, which qualified the number of hours spent on the case "exorbitant", argued that Viscardini Dona was not a "specialist in matters of pensions, and even less so in the parliamentary field", to refuse to pay the fees.
The two MEPs explained to the Court that these cases raised "complex issues", as for the first time the CFI had been referred a case concerning the affiliation scheme of MEPs and especially Italians, for whom "a specific rule" is provided. The hours were scrupulously calculated and broken down", they claim in defence of their lawyers.
While not being numerous, these cases where European institutions refuse to pay the lawyers of the adverse parties are always spectacular, as lawyers' fees are scrutinised at length, to the glee of their colleagues and European officials in the legal services of the institutions. The latter, when they win cases on behalf of the Commission, Council or Parliament, may only legally demand the price of their train tickets Brussels-Luxembourg as fees (and not always that, say some).