EuGH · C-618/79

Parties Subject of the case Grounds Decision on costs Operative part Parties IN CASE 618/79 A HELMUT KNOEPPEL , RESIDING AT 16 VIA MATTEOTTI , CADREZATTE ( VARESE ), ITALY , REPRESENTED BY B . POTTHAST AND H.-J . RUBER , OF THE COLOGNE BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF V . BIEL , 18A , RUE DES GLACIS , APPLICANT , V 1 . COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY J . PIPKORN , A MEMBER OF ITS LEGAL DEPARTMENT , ACTING AS AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF O . MONTALTO , JEAN MONNET BUILDING , KIRCHBERG , 2.COUNCIL OF THE EUROPEAN COMMUNITIES , REPRESENTED BY ITS LEGAL ADVISER , J . CARBERY , ACTING AS AGENT , ASSISTED BY TITO GALLAS , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF D . FONTEIN , DIRECTOR OF THE LEGAL DEPARTMENT OF THE EUROPEAN INVESTMENT BANK , KIRCHBERG , DEFENDANTS , Subject of the case APPLICATION CHALLENGING THE TERMS FOR REPAYMENT OF BUILDING LOANS GRANTED BY THE COMMISSION , AS AMENDED BY THE LATTER AS FROM APRIL 1979 ON THE BASIS OF COUNCIL REGULATIONS NO 3085/78 AND NO 3086/78 OF 21 DECEMBER 1978 ( OFFICIAL JOURNAL L 369 , PP . 6 AND 8 ), Grounds THE COUNCIL IS NEITHER THE APPLICANT ' S APPOINTING AUTHORITY NOR A PARTY TO THE LOAN CONTRACT , WHICH REFERS SOLELY TO THE COMMISSION AND THE APPLICANT . THE COUNCIL CANNOT THEREFORE BE PARTY TO THIS ACTION , A VIEW WHICH IS SHARED BY THE APPLICANT HIMSELF . THE APPLICANT HAS NOT ASKED TO DISCONTINUE THE ACTION . IN THESE CIRCUMSTANCES THE COURT ( FIRST CHAMBER ) HOLDS THAT IT IS NOT NECESSARY TO OPEN THE ORAL PROCEDURE . THE APPLICATION IS INADMISSIBLE IN SO FAR AS IT IS DIRECTED AGAINST THE COUNCIL AND MUST THEREFORE BE DISMISSED . Decision on costs COSTS ACCORDING TO ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS . HOWEVER , ARTICLE 70 OF THE RULES OF PROCEDURE STATES THAT IN ACTIONS BROUGHT BY SERVANTS OF THE COMMUNITIES THE INSTITUTIONS SHALL BEAR THEIR OWN COSTS . Operative part ON THOSE GROUNDS , THE COURT ( FIRST CHAMBER ) HEREBY ORDERS AS FOLLOWS : 1 . THE APPLICATION IS DISMISSED AS INADMISSIBLE IN SO FAR AS IT IS DIRECTED AGAINST THE COUNCIL . 2.THE APPLICANT AND THE COUNCIL SHALL BEAR THEIR OWN COSTS .