ORDER OF THE PRESIDENT OF THE FIFTH CHAMBER OF THE COURT
16 May 2006 (*)
(Removal from the register)
-750 901-
In Case C-355/05,
ACTION under Article 226 EC for failure to fulfil obligations, brought on 22 September 2005,
Commission of the European Communities, represented by B. Schima and D. Lawunmi, acting as Agents, with an address for service in Luxembourg,
applicant,
v
Ireland, represented by D. O’Hagan, acting as Agent, with an address for service in Luxembourg,
defendant,
THE PRESIDENT OF THE FIFTH CHAMBER OF THE COURT
after hearing Advocate General Mengozzi,
makes the following
Order
1By letter lodged at the Court Registry on 11 April 2006, the Commission of the European Communities informed the Court, in accordance with Article 78 of the Rules of Procedure, that it wished to withdraw its application and requested the Court to order Ireland to pay the costs, pursuant to Article 69(5) of the Rules of Procedure.
2The defendant did not submit any observations on the withdrawal within the prescribed period.
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 by the other party in its observations on the discontinuance or withdrawal. 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 application and the subsequent withdrawal of the Commission were the result of the conduct of Ireland, which did not notify the Commission of the measures adopted to comply with its obligations until after the Commission brought its action.
5Ireland should therefore be ordered to pay the costs.
On those grounds, the President of the Fifth Chamber of the Court hereby orders:
1.Case C-355/05 is removed from the register.
2.Ireland shall pay the costs.
Luxembourg, 16 May 2006.
Registrar | President of the Fifth Chamber |
R. Grass | J. Makarczyk |
* Language of the case: English.