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.

Parties

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 ,

Subject of the case

APPLICATIONS 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 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 .

Operative part

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 .