61978CO0238_EN
Parties
Subject of the case
Grounds
Operative part
Parties
IN CASE 238/78,
IREKS-ARKADY GMBH,
APPLICANT,
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
APPLICATION 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 AMOUNT OF COMPENSATION BY AGREEMENT, CASE 238/78 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 2955 ) IN THIS CASE THE COURT RESERVED THE COSTS .
4 BY LETTER OF 5 JANUARY 1981 THE APPLICANT 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 REDUCTION IN THE AMOUNT CLAIMED, WHICH WAS MADE FOLLOWING NEGOTIATIONS BETWEEN THE PARTIES, IS 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 . CASE 238/78 IS REMOVED FROM THE COURT REGISTER .
2 . THE EUROPEAN ECONOMIC COMMUNITY SHALL BEAR THE COSTS .