Sygn. akt C-238/78
EUR-Lex - 61978O0238 - EN
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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
Parties
Subject of the case
Grounds
Operative part
IN CASE 238/78 ,
IREKS-ARKADY GMBH ,
APPLICANT ,
V
EUROPEAN ECONOMIC COMMUNITY ,
REPRESENTED BY ITS INSTITUTIONS :
. COUNCIL OF THE EUROPEAN COMMUNITIES ,
. COMMISSION OF THE EUROPEAN COMMUNITIES ,
DEFENDANT ,
APPLICATION UNDER ARTICLE 178 AND THE SECOND PARAGRAPH OF ARTICLE 215 OF THE EEC TREATY ,
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 .
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 .
IN ITS INTERLOCUTORY JUDGMENT OF 4 OCTOBER 1979 (( 1979 ) ECR 2955 ) IN THIS CASE THE COURT RESERVED THE COSTS .
BY LETTER OF 5 JANUARY 1981 THE APPLICANT ASKED THE COURT TO ADJUDICATE ON THE COSTS RECOVERABLE .
THE COURT MUST THEREFORE ADJUDICATE ON THE SHARING OF COSTS IN ORDER TO ALLOW THE SECOND CHAMBER TO TAX THE RECOVERABLE COSTS .
UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS .
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 .
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 .
THE EUROPEAN ECONOMIC COMMUNITY MUST THEREFORE BE ORDERED TO BEAR THE WHOLE OF THE COSTS .
ON THOSE GROUNDS ,
THE COURT
HEREBY ORDERS AS FOLLOWS :
. CASE 238/78 IS REMOVED FROM THE COURT REGISTER .
. THE EUROPEAN ECONOMIC COMMUNITY SHALL BEAR THE COSTS .
