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 .
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