Commission of the European Communities v French Republic. (Procedure) [1994] EUECJ C-249/91 (4 March 1994)

[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [ DONATE ] Court of Justice of the European Communities (including Court of First Instance Decisions) You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Commission of the European Communities v French Republic. (Procedure) [1994] EUECJ C-249/91 (4 March 1994) URL: https://www.bailii.org/eu/cases/EUECJ/1994/C24991.html Cite as: [1994] ECR I-787, [1994] EUECJ C-249/91 [ New search ] [ Help ] IMPORTANT LEGAL NOTICE - The source of this judgment is the web site of the Court of Justice of the European Communities . The information in this database has been provided free of charge and is subject to a Court of Justice of the European Communities disclaimer and a copyright notice . This electronic version is not authentic and is subject to amendment. 61991O0249 Order of the President of the Court of 4 March 1994. Commission of the European Communities v French Republic. Removal from the register. Case C-249/91. European Court reports 1994 Page I-00787 ++++ Procedure - Costs - Discontinuance justified by the conduct of the other party (Rules of Procedure of the Court of Justice, Art. 69(5)) In Case C-249/91, Commission of the European Communities, represented by Patrick Hetsch, a member of its Legal Service, acting as Agent, with an address for service in Luxembourg at the office of Georgios Kremlis, a member of the Legal Service, Wagner Centre, Kirchberg, applicant, v French Republic, represented by Jean-Pierre Puissochet, Director of Legal Affairs at the Ministry of Foreign Affairs, and Géraud de Bergues, Principal Deputy Secretary for Foreign Affairs of the Legal Service of that Ministry, and subsequently by Philippe Pouzoulet and Catherine de Salins, respectively Assistant-Director and Adviser on Foreign Affairs in the Legal Service of the Ministry of Foreign Affairs, acting as Agents, with an address for service in Luxembourg at the French Embassy, 9 Boulevard Prince Henri, defendant, APPLICATION for a declaration that, by fixing the price of vin doux naturels on the French market and by imposing restrictive rules governing their marketing and export, the French Republic has failed to fulfil its Community obligations and, in particular, to comply with the provisions of Council Regulation (EEC) No 822/87 (OJ 1987 L 84, p. 1) and No 823/87 (OJ 1987 L 84, p. 59) concerning quality wines produced in specified regions (quality wines p.s.r.), THE PRESIDENT OF THE COURT after hearing the Opinion of Mr Advocate General Lenz, makes the following Order 1 By letter lodged at the Court Registry on 10 February 1994, the Commission of the European Communities informed the Court, in accordance with Article 78 of the Rules of Procedure, that it wished to discontinue the proceedings and applied, in accordance with Article 69(5) of the Rules of Procedure, for the costs to be borne by the French Republic. 2 By letter lodged at the Court Registry on 2 March 1994, the defendant acknowledged the discontinuance and did not raise any objections to an order that it should bear the costs. 3 Pursuant to the first paragraph of Article 69(5) of the Rules of Procedure, a party who discontinues proceedings is to be ordered to pay the costs if they have been applied for in the other party' s pleadings. However, upon application by the party who discontinues the proceedings, the costs are to be borne by the other party if this appears justified by the conduct of that party. 4 In the present case, the Commission instituted and subsequently discontinued the proceedings as a result of the conduct of the French Republic, which only adopted the measures needed to fulfil its obligations after the Commission had initiated proceedings. 5 The French Republic should therefore be ordered to pay the costs. On those grounds, THE PRESIDENT OF THE COURT hereby orders as follows: 1. Case C-249/91 shall be removed from the register; 2. The French Republic shall bear the costs. Luxembourg, 4 March 1994. © European Communities, 2001 All rights reserved BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/eu/cases/EUECJ/1994/C24991.html