61978O0238

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 ,

APPLICATION UNDER ARTICLE 178 AND THE SECOND PARAGRAPH OF ARTICLE 215 OF THE EEC TREATY ,

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 .

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 .