CELEX: 61978CO0238
Language: en
Date: 1981-07-01 00:00:00
Title: Order of the Court of 1 July 1981. # Ireks-Arkady GmbH v European Economic Community. # Case 238/78.

Avis juridique important

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61978O0238

Order of the Court of 1 July 1981.  -  Ireks-Arkady GmbH v European Economic Community.  -  Case 238/78.  

European Court reports 1981 Page 01719

PartiesSubject of the caseGroundsOperative 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 .