ORDER OF THE PRESIDENT OF THE FIFTH CHAMBER OF THE COURT
18 August 2008(*)
(Removal from the register)
In Case C-563/07,
ACTION under Article 226 EC for failure to fulfil obligations, brought on 20December 2007,
Commission of the European Communities, represented by U. Wölker and D.Lawunmi, acting as Agents, with an address for service in Luxembourg,
applicant,
v
Republic of Malta, represented by S. Camilleri and L. Farrugia, acting as Agents,
defendant,
THE PRESIDENT OF THE FIFTH CHAMBER OF THE COURT,
after hearing the Advocate General, P.Mengozzi,
makes the following
Order
1By letter lodged at the Court Registry on 8 July 2008, the Commission informed the Court, in accordance with Article 78 of the Rules of Procedure, that it was discontinuing the proceedings and requested the Court to order the Republic of Malta to pay the costs pursuant to Article 69(5) of those Rules.
2By letter lodged at the Court Registry on 25 July 2008, the defendant informed the Court that it had no observations to make on the Commission’s withdrawal.
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 application and subsequent withdrawal were the result of the conduct of the Republic of Malta, which did not adopt the measures necessary to comply with its obligations until after the application had been brought.
5The Republic of Malta must therefore be ordered to pay the costs.
On those grounds, the President of the Fifth Chamber of the Court hereby orders:
1.Case C-563/07 is removed from the Register of the Court.
2.The Republic of Malta shall pay the costs.
Luxembourg, 18 August 2008.
R. Grass | A. Tizzano |
Registrar | President of the Fifth Chamber |
*Language of the case: English.