61978CO0241_EN
Parties
Subject of the case
Grounds
Operative part
Parties
241/78 DGV DEUTSCHE GETREIDEVERWERTUNG UND RHEINISCHE KRAFTFUTTERWERKE GMBH,
242/78 WERHAHN HANSAMUHLE,
246/78 SPRL MASELIS FRERES,
247/78CODRICO BV,
248/78HANSA-LAGERHAUS STROH,
249/78BV MEELFABRIEK WEERT,
APPLICANTS,
V
EUROPEAN ECONOMIC COMMUNITY,
REPRESENTED BY ITS INSTITUTIONS :
1 . COUNCIL OF THE EUROPEAN COMMUNITIES,
2 . COMMISSION OF THE EUROPEAN COMMUNITIES,
DEFENDANT,
Subject of the case
APPLICATIONS UNDER ARTICLE 178 AND THE SECOND PARAGRAPH OF ARTICLE 215 OF THE EEC TREATY,
Grounds
1 IN VIEW OF THE FACT THAT THE PARTIES HAVE ESTABLISHED THE AMOUNTS OF COMPENSATION BY AGREEMENT, CASES 241, 242 AND 246 TO 249/78 MUST BE REMOVED FROM THE COURT REGISTER .
2 IN PURSUANCE OF ARTICLE 69 ( 1 ) OF THE RULES OF PROCEDURE THE COURT IS TO GIVE A DECISION AS TO COSTS IN ITS FINAL JUDGMENT OR IN THE ORDER WHICH CLOSES THE PROCEEDINGS .
3 IN ITS INTERLOCUTORY JUDGMENT OF 4 OCTOBER 1979 (( 1979 ) ECR 3017 ) IN THESE CASES THE COURT RESERVED THE COSTS .
4 BY LETTERS OF 5 JANUARY 1981 THE APPLICANTS IN THESE CASES ASKED THE COURT TO ADJUDICATE ON THE COSTS RECOVERABLE .
5 THE COURT MUST THEREFORE ADJUDICATE ON THE SHARING OF COSTS IN ORDER TO ALLOW THE SECOND CHAMBER TO TAX THE RECOVERABLE COSTS .
6 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS .
7 UNDER ARTICLE 69 ( 3 ) THE COURT MAY, WHERE EACH PARTY SUCCEEDS ON SOME AND FAILS ON OTHER HEADS OR WHERE THE CIRCUMSTANCES ARE EXCEPTIONAL, ORDER THE PARTIES TO BEAR THEIR OWN COSTS IN WHOLE OR IN PART .
8 IT MAY BE SEEN FROM THE INTERLOCUTORY JUDGMENT THAT THE COUNCIL AND THE COMMISSION WERE UNSUCCESSFUL AS REGARDS ALL THEIR LEGAL SUBMISSIONS . THE REDUCTIONS IN THE AMOUNTS CLAIMED, WHICH WERE MADE FOLLOWING NEGOTIATIONS BETWEEN THE PARTIES ARE NOT SO GREAT AS TO HAVE ANY EFFECT ON THE SHARING OF COSTS .
9 THE EUROPEAN ECONOMIC COMMUNITY MUST THEREFORE BE ORDERED TO BEAR THE WHOLE OF THE COSTS .
Operative part
ON THOSE GROUNDS,
THE COURT
HEREBY ORDERS AS FOLLOWS :
1 . CASES 241, 242 AND 246 TO 249/78 ARE REMOVED FROM THE COURT REGISTER .
2 . THE EUROPEAN ECONOMIC COMMUNITY SHALL BEAR THE COSTS .