ORDER OF THE PRESIDENT OF THE COURT
1 December 2005(*)
(Removal from the Register)
-738541-
In Case C-294/03,
ACTION under Article 228EC, brought on 7 July 2003,
Commission of the European Communities, represented by X. Lewis and F.Simonetti, acting as Agents, with an address for service in Luxembourg,
applicant,
v
Ireland, represented by D. O’Hagan, acting as Agent, J. Connolly SC (Senior Counsel), C. Mac Eochaidh BL (Barrister-at-Law) and F. O’Dubhghaill BL (Barrister-at-Law), with an address for service in Luxembourg,
defendant,
THE PRESIDENT OF THE COURT,
after hearing the views of Advocate General Ruiz-Jarabo Colomer,
makes the following
Order
1By letter lodged with the Registry of the Court on 7October 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 the Court to order Ireland to pay the costs pursuant to Article 69(5) of the Rules of Procedure.
2By letter lodged with the Registry of the Court on 26October 2005, the defendant informed the Court that it had no observations to submit in respect of the Commission’s discontinuance.
3The first subparagraph of Article 69(5) of the Rules of Procedure provides that the party which discontinues is to be ordered to pay the costs if they have been applied for in the other party’s observations on the discontinuance. However, on application by the party which discontinues, the costs are to be borne by the other party if this appears justified by that party’s conduct.
4In this case, the action brought by the Commission and its subsequent discontinuance resulted from the conduct of Ireland, inasmuch as that Member State adopted the measures necessary for compliance with its obligations only after the Commission had brought its action.
5Ireland must for that reason be ordered to pay the costs.
On those grounds, the President of the Court hereby orders:
1.Case C-294/03 is removed from the Register of the Court.
2.The costs shall be borne by Ireland.
Luxembourg, 1December 2005.
Registrar | President |
R. Grass | V. Skouris |
* Language of the case: English.