Court of Justice of the European Communities (including Court of First Instance Decisions)

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URL: http://www.bailii.org/eu/cases/EUECJ/1981/C24978.html
Cite as: [1981] EUECJ C-249/78

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61978O0241
Order of the Court of 1 July 1981.
DGV Deutsche Getreideverwertung und Rheinische Kraftfutterwerke GmbH and others v European Economic Community.
Joined cases 241, 242 and 246 to 249/78.
European Court reports 1981 Page 01727

241/78 DGV DEUTSCHE GETREIDEVERWERTUNG UND RHEINISCHE KRAFTFUTTERWERKE GMBH ,
242/78 WERHAHN HANSAMUHLE ,
246/78 SPRL MASELIS FRERES ,
247/78CODRICO BV ,
248/78HANSA-LAGERHAUS STROH ,
249/78BV MEELFABRIEK WEERT ,
APPLICANTS ,
V
EUROPEAN ECONOMIC COMMUNITY ,
REPRESENTED BY ITS INSTITUTIONS :
1 . COUNCIL OF THE EUROPEAN COMMUNITIES ,
2 . COMMISSION OF THE EUROPEAN COMMUNITIES ,
DEFENDANT ,

APPLICATIONS 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 AMOUNTS OF COMPENSATION BY AGREEMENT , CASES 241 , 242 AND 246 TO 249/78 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 3017 ) IN THESE CASES THE COURT RESERVED THE COSTS .

4 BY LETTERS OF 5 JANUARY 1981 THE APPLICANTS IN THESE CASES 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 REDUCTIONS IN THE AMOUNTS CLAIMED , WHICH WERE MADE FOLLOWING NEGOTIATIONS BETWEEN THE PARTIES ARE 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 . CASES 241 , 242 AND 246 TO 249/78 ARE REMOVED FROM THE COURT REGISTER .

2 . THE EUROPEAN ECONOMIC COMMUNITY SHALL BEAR THE COSTS .

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