Order of the Court of 1 July 1981 DGV Deutsche Getreideverwertung und Rheinische Kraftfutterwerke GmbH and Others y European Economic Community Joined Cases 241, 242 and 246 to 249/78
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Not the law itself: Judgment
Address https://gelex.eu/eli/EU/judgment/61978O0241@1981-07-01/en
In Joined Cases 241/78 DGV Deutsche Getreideverwertung und Rheinische Kraftfutterwerke GmbH, 242/78 Werhahn Hansamühle, 246/78 SPRL Maselis Frères, 247/78 Codrico BV, 248/78 Hansa-Lagerhaus Ströh, 249/78 BV Meelfabriek Weert, applicants,v European Economic Community, represented by its institutions: 1. Council of the European Communities, 2. Commission of the European Communities, defendant, APPLICATIONS under Article 178 and the second paragraph of Article 215 of the EEC Treaty, THE COURT, composed of: J. Mertens de Wilmars, President, P. Pescatore, Lord Mackenzie Stuart and T. Koopmans (Presidents of Chambers), A. O'Keeffe, G. Bosco, A. Touffait, O. Due, U. Everling, A. Chloros and F. Grévisse, Judges, Advocate General: F. Capotorti Registrar: A. Van Houtte makes the following
ORDER
Facts and procedure
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1. By applications lodged at the Court Registry on 3 November 1978 (Cases 241 and 242/78) and 6 November 1978 (Cases 246 to 249/78) the applicants brought actions under Article 178 and the second paragraph of Article 215 of the EEC Treaty seeking an order that the defendant should pay them the following sums: DM 9425280.50 (Case 241/78) DM 1909488.82 (Case 242/78) BFR 27564886 (Case 246/78) HFL 2551531.63 (Case 247/78) DM 188685.60 (Case 248/78) HFL 1791901.03 (Case 249/78) together with interest at 6% as from the dates specified in the applications, such sums being, according to the applicants, equivalent to the production refunds on maize groats and meal used by the brewing industry which each of those undertakings would have been entitled to receive if, during the period from 1 August 1975 to 19 October 1977, the use of maize for the production of groats and meal had conferred an entitlement to the same refunds as the use of maize for the manufacture of starch.
2. By an interlocutory judgment of 4 October 1979 ([1979] ECR 3017) the Court ordered the Community to pay to the applicants and to the applicant in Case 250/78 Conti/ex Getreideprodukte GmbH & Co. KG v Council and Commission, the amounts equivalent to the refunds referred to above accompanied by interest at 6% from the date of the interlocutory judgment. The Court also ordered the parties to inform it within twelve months of the delivery of the interlocutory judgment of the amounts of compensation arrived at by agreement.
3. The period fixed by the Court has been extended on several occasions, finally until 4 January 1981.
4. By letters of 5 January 1981 the parties informed the Court that they had agreed on the amounts of compensation except in Case 250/78 but that they had not been able to agree as to the costs. They therefore requested the Court to adjudicate on the sharing and taxation of costs.
5. By order of 13 May 1981 Case 250/78 was, at the request of the applicants, disjoined from the other cases so as to allow the Court to adjudicate on costs in the latter cases without awaiting the conclusion of the negotiations on the amount of compensation in Case 250/78.
6. It appears from the aforesaid letters of 5 January 1981 that the amounts awarded to the applicants are as follows: DM 9178150.25 (Case 241/78) DM 1906485.45 (Case 242/78) BFR 25664103 (Case 246/78) HFL 2509083 (Case 247/78) DM 188005.94 (Case 248/78) HFL 1716218.55 (Case 249/78) all increased by interest at 6% as from 4 October 1979.
Decision
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1 In view of the fact that, the parties have established the amounts of compensation by agreement, Cases 241, 242 and 246 to 249/78 must be removed from the Court Register.
2 In pursuance of Article 69 (1) of the Rules of Procedure the Court is to give a decision as to costs in its final judgment or in the order which closes the proceedings.
3 In its interlocutory judgment of 4 October 1979 ([1979] ECR 3017) in these cases the Court reserved the costs.
4 By letters of 5 January 1981 the applicants in these cases asked the Court to adjudicate on the costs recoverable.
5 The Court must therefore adjudicate on the sharing of costs in order to allow the Second Chamber to tax the recoverable costs.
6 Under Article 69 (2) of the Rules of Procedure the unsuccessful party is to be ordered to pay the costs.
7 Under Article 69 (3) the Court may, where each party succeeds on some and fails on other heads or where the circumstances are exceptional, order the parties to bear their own costs in whole or in part.
8 It may be seen from the interlocutory judgment that the Council and the Commission were unsuccessful as regards all their legal submissions. The reductions in the amounts claimed, which were made following negotiations between the parties are not so great as to have any effect on the sharing of costs.
9 The European Economic Community must therefore be ordered to bear the whole of the costs.
On those grounds, THE COURT hereby orders as follows:
1. Cases 241, 242 and 246 to 249/78 are removed from the Court Register.
2. The European Economic Community shall bear the costs.
Luxembourg, 1 July 1981. J. A. Pompe Deputy Registrar J. Mertens de Wilmars President