ORDER OF THE PRESIDENT OF THE COURT
26 April 2007 (*)
(Removal from the register)
In Case C‑330/06,
ACTION under Article 226 EC for failure to fulfil obligations, brought on 27 July 2006,
Commission of the European Communities, represented by J. Enegren, acting as Agent, 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 COURT,
after hearing the Advocate General, M. Poiares Maduro,
makes the following
Order
1By letter lodged at the Court Registry on 23 March 2007 the Commission informed the Court, pursuant to Article 78 of the Rules of Procedure, that it wished to discontinue the proceedings and requested, pursuant to Article 69(5) of the Rules of Procedure, that Ireland be ordered to pay the costs.
2The defendant did not lodge any observations on the discontinuance within the time-limit set.
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 this case, the action and the subsequent discontinuance by the Commission were the result of Ireland’s conduct, since Ireland took the measures to comply with its obligations only after the action had been brought.
5Ireland must therefore be ordered to pay the costs.
On those grounds, the President of the Court hereby orders:
1.Case C-330/06 is removed from the Court Register.
2.Ireland shall pay the costs.
Luxembourg, 26 April 2007.
R. Grass | V. Skouris |
Registrar | President |
* Language of the case: English.