Order of the President of the Court
8 August 2006 (*)
(Removal from the Register)
-757 563-
In Case C-425/05,
ACTION under Article 226 EC for failure to fulfil obligations, brought on 29 November 2005,
Commission of the European Communities, represented by U. Wölker and M. Shotter, acting as Agents, with an address for service in Luxembourg,
applicant,
v
Ireland, represented by D. O’Hagan, acting as Agent, A. Collins SC (Senior Counsel) and E. Cogan, Barrister, with an address for service in Luxembourg,
defendant,
The President of the Court,
after hearing the views of Advocate General Sharpston,
makes the following
Order
1By letter lodged at the Court Registry on 12 July 2006, the Commission of the European Communities informed the Court, in accordance with Article 78 of the Rules of Procedure, that it wished to discontinue 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 at the Court Registry on 1 August 2006, the defendant informed the Court that it had no observations to submit on the discontinuance of the Commission.
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 action and subsequent discontinuance of the Commission were the result of the conduct of Ireland, which did not take steps to comply with its obligations until after the Commission had brought its action.
5Ireland should therefore be ordered to pay the costs.
On those grounds, the President of the Court hereby orders:
1.Case C-425/05 is removed from the Register of the Court of Justice.
2.Ireland shall pay the costs.
Luxembourg, 8 August 2006.
Registrar | President |
R. Grass | V. Skouris |
* Language of the case: English.