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.
