Court of Justice of the European Communities (including Court of First Instance Decisions)

ORDER OF THE COURT (Tenth Chamber)

23 November 2017 (*)

(Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Appeal relating solely to the amount of the costs set at first instance — Manifest inadmissibility)

In Case C‑550/17 P,

APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 19 September 2017,

Ukraine, represented by M. Kostytska, advocate,

appellant,

the other parties to the proceedings being:

Olga Stanislavivna Yanukovych, as heir of Viktor Viktorovych Yanukovych, residing in Kiev (Ukraine),

applicant at first instance,

Council of the European Union,

defendant at first instance,

European Commission,

intervener at first instance,

THE COURT (Tenth Chamber),

composed of E. Levits, President of the Chamber, M. Berger (Rapporteur) and F. Biltgen, Judges,

Advocate General: M. Wathelet,

Registrar: A. Calot Escobar,

having decided, after hearing the Advocate General, to give a decision by reasoned order, pursuant to Article 181 of the Rules of Procedure of the Court of Justice,

makes the following

Order

1        By its appeal, Ukraine seeks, first, the annulment of the order of the General Court of the European Union of 19 July 2017, Yanukovych v Council (T‑347/14 DEP, not published; ‘the order under appeal’, EU:T:2017:548), by which the General Court set the total amount of the costs to be reimbursed by Ukraine to Ms Olga Stanislavivna Yanukovych, as heir of Mr Viktor Viktorovych Yanukovych, the applicant at first instance, at the sum of 3 500 pounds sterling (GBP) (EUR 3 920), and, second, to set that amount at zero.

 The appeal

2        Pursuant to Article 181 of its Rules of Procedure, where the appeal is, in whole or in part, manifestly inadmissible or manifestly unfounded, the Court may at any time, acting on a proposal from the Judge-Rapporteur and after hearing the Advocate General, decide by reasoned order to dismiss that appeal in whole or in part.

3        It is appropriate to apply that provision in the context of the present appeal.

4        By its appeal, Ukraine submits that, by setting, in the order under appeal, the total amount of the costs that it must reimburse to Ms Yanukovych at a sum other than zero, the General Court went beyond its powers and infringed the restrictive measures imposed by the European Union.

5        In that regard, it should be noted that, under the second paragraph of Article 58 of the Statute of the Court of Justice of the European Union, no appeal shall lie regarding only the amount of the costs or the party ordered to pay them.

6        Indeed, by its appeal, Ukraine merely challenges the amount of the costs set by the General Court in the order under appeal.

7        It follows that, pursuant to Article 181 of the Rules of Procedure, the appeal must be dismissed as manifestly inadmissible.

 Costs

8        Under Article 137 of the Rules of Procedure of the Court of Justice, which applies to appeal proceedings by virtue of Article 184(1) thereof, a decision as to costs is to be given in the order which closes the proceedings. As the present order has been adopted without notice of the appeal having been served on the other parties, Ukraine must be ordered to bear its own costs.

On those grounds, the Court (Tenth Chamber) hereby:

1.      Dismisses the appeal;

2.      Orders Ukraine to bear its own costs.

Luxembourg, 23 November 2017.

*      Language of the case: English.

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