ORDER OF THE PRESIDENT OF THE COURT
5 December 2005(*)
(Removal from the Register)
-738724-
In Case C-126/05,
ACTION under Article 226 EC for failure to fulfil obligations, brought on 21 March 2005,
Commission of the European Communities, represented by N. Yerrell, acting as Agent, with an address for service in Luxembourg,
applicant,
v
United Kingdom of Great Britain and Northern Ireland, represented by C. White, acting as Agent, with an address for service in Luxembourg,
defendant,
THE PRESIDENT OF THE COURT,
after hearing the views of Advocate General Kokott,
makes the present
Order
1By letter lodged at the Registry of the Court on 28 October 2005, the Commission of the European Communities informed the Court, in accordance with Article 78 of the Rules of Procedure, that it was discontinuing its action and requested that the United Kingdom of Great Britain and Northern Ireland be ordered to pay the costs pursuant to Article 69(5) of the Rules of Procedure.
2The defendant did not submit observations on that discontinuance within the prescribed time-limit.
3Under the first subparagraph of Article 69(5) of the Rules of Procedure, a party who discontinues or withdraws from proceedings is to be ordered to pay the costs if they have been applied for in the other party’s observations on the discontinuance. However, upon application by the party who discontinues or withdraws from proceedings, the costs are to be borne by the other party if this appears justified by the conduct of that party.
4In the present case, the Commission’s action and subsequent discontinuance were the result of the conduct of the United Kingdom of Great Britain and Northern Ireland, which adopted the measures to comply with its obligations only after the Commission had brought its action.
5The United Kingdom of Great Britain and Northern Ireland must therefore be ordered to pay the costs.
On those grounds, the President of the Court hereby orders:
1.Case C-126/05 is removed from the Register of the Court.
2.The United Kingdom of Great Britain and Northern Ireland shall pay the costs.
Luxembourg, 5 December 2005.
R. Grass | V. Skouris |
Registrar | President |
* Language of the case: English.