Order of the Court (Sixth Chamber) of 6 March 1997. – Commission of the European Communities v French Republic.

BIB.ORDER

C-23/9661996O00230003.00021224112274CJ

ORDER OF 6. 3. 1997 — CASE C-23/96

COMMISSION v FRANCE

Order of the Court, (Sixth Chamber)

6 March 1997^(*)

In Case C-23/96,

Commission of the European Communities, represented by Michel Nolin, of its Legal Service, and Jean-Francis Pasquier, a national civil servant seconded to that Service, with an address for service in Luxembourg at the office of Carlo Gómez de la Cruz, also of the Commission's Legal Service, Wagner Centre, Kirchberg,

applicant,

French Republic, represented by Catherine de Salins, Deputy Director of the Legal Affairs Directorate at the Ministry of Foreign Affairs, and Regine Loosli-Surrans, Special Adviser in the same Directorate acting as Agents, with an address for service in Luxembourg at the French Embassy, 9 Boulevard du Prince Henri,

defendant,

APPLICATION for a declaration that, by failing to adopt, despite the expiry of the prescribed period on 1 January 1992, the laws, regulations or administrative provisions necessary to comply with Commission Directive 91/507/EEC of 19 July 1991 modifying the Annex to Council Directive 75/318/EEC on the approximation of the laws of the Member States relating to analytical, pharmacotoxicological and clinical standards and protocols in respect of the testing of medicinal products (OJ 1991 L 270, p. 32), the French Republic is in breach of its obligations under the EC Treaty,

THE COURT (Sixth Chamber),

composed of: G. E Mancini, President of the Chamber, J. L. Murray (Judge Rapporteur), P. J. G. Kapteyn, H. Ragnemalm and G. Hirsch, Judges,

Advocate General: M. B. Elmer,

Registrar: R. Grass,

after hearing the Opinion of the Advocate General,

makes the following

Order

1By application lodged at the Court Registry on 14 February 1997, 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 asked that the French Republic be ordered to pay the costs pursuant to the first subparagraph of Article 69(5).

2By letter lodged at the Court Registry on 3 March 1997 the French Government acknowledged that the proceedings were being discontinued and raised no objection to the application regarding costs.

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 pleadings. 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 Commission's application, followed by its application to discontinue the proceedings, were the result of the conduct of the French Republic, which notified the measures adopted to comply with its obligations to the Commission only after the latter had brought proceedings.

5The French Republic must therefore be ordered to pay the costs.

On those grounds,

THE COURT (Sixth Chamber)

hereby orders:

1.Case C-23/96 is removed from the Court's Register.
2.The French Republic shall pay the costs.