C-238/78
ECLI:EU:C:1981:154
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ORDER OF THE COURT OF 1 JULY 1981 1
Ireks-Arkady GmbH ν European Economic Community
Case 238/78
In Case 238/78,
IREKS-ARKADY GMBH,
applicant, ν
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 — Language of the Case: French.
ORDER OF 1. 7. 1981 — CASE 238/78
T H E COURT,
composed of: J. Mertens de Wilmars, President, P. Pescatore, Lord Mackenzie Stuart and T. Koopmans (Presidents of Chambers), A. O'Keeffe, G. Bosco, A. Touffait, O. Due, U. Everling, A. Chloros and F. Grévisse, Judges,
Advocate General: F. Capotorti Registrar: A. Van Houtte
makes the following
ORDER
Facts and procedure
1. By application lodged at the Court production of quellmehl for bread- Registry on 30 October 1978 the making, the amount equivalent to the applicant brought an action under Article refunds referred to above accompanied 178 and the second paragraph of Article by interest at 6% from the date of the 215 of the EEC Treaty seeking an order interlocutory judgment. The Court also that the defendant should pay it the sum ordered the parties to inform it within of twelve months of the delivery of the interlocutory judgment of the amount of DM 1 306 968.01 compensation arrived at by agreement. together with interest at 6% as from 1 December 1977, such sum being, according to the applicant, equivalent to 3. The period fixed by the Court has the production refunds on quellmehl been extended on several occasions, which that undertaking would have been finally until 4 January 1981. entitled to receive if, during the period from 1 August 1974 to 19 October 1977, 4. By letter of 5 January 1981 the the use of maize for the production of parties informed the Court that they had quellmehl had conferred entitlement to by agreement determined the amount of the same refunds as the use of maize for compensation at DM 1 159 058.86, the manufacture of starch. increased by interest at 6% as from 4 October 1979, but that they had not 2. By an interlocutory judgment of been able to agree as to the costs. They 4 October 1979 ([1979] ECR 2955) the therefore requested the Court to Court ordered the Community to pay adjudicate on the sharing and taxation of to the applicant, in respect of the costs.
IREKS-ARKADY ν EEC
Decision
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.
ORDER OF 1. 7. 1981 — CASE 238/78
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.
Luxembourg, 1 July 1981.
A. Van Houtte J. Mertens de Wilmars Registrar President