14.1.2019

Official Journal of the European Union

C 16/45

(Case T-271/10 OST) (*)

((Procedure - Failure to adjudicate on costs))

(2019/C 16/55)

Language of the case: English

Parties

Applicant: H (represented by: M. Velardo, lawyer)

Defendant: Council of the European Union (represented by: A. Vitro and F. Naert, acting as Agents)

Re:

Application to remedy a failure to adjudicate on costs in the judgment of 11 April 2018, H v Council (T-271/10 RENV, EU:T:2018:180).

Operative part of the order

1.Paragraph 174 of the judgment of 11 April 2018, H v Council (T-271/10 RENV, EU:T:2018:180), is amended as follows:

‘Under Article 134(1) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party’s pleadings. Nevertheless, in accordance with Article 133 of the Rules of Procedure, read in conjunction with Article 219 of those rules, a decision as to all the costs relating to the appeal proceedings and the proceedings initiated before the General Court is to be given in the judgment which closes the proceedings. Furthermore, Article 134(3) of those rules provides that the parties are to bear their own costs where each party succeeds on some and fails on other heads. However, if it appears justified in the circumstances of the case, the General Court may order that one party, in addition to bearing his own costs, pay a proportion of the costs of the other party. In the circumstances of the present case, it is appropriate to order the Council to bear the costs incurred by the applicant and itself up to the time of delivery of the judgment on appeal, only in so far as they relate to the question of the admissibility of the action, and to order the applicant to bear all the other costs incurred by the Council and herself both before and after that judgment was delivered.’

2.Paragraph 2 of the operative part of the judgment of 11 April 2018, H v Council (T-271/10 RENV, EU:T:2018:180), is amended as follows:

‘The Council shall bear its own costs and pay the costs incurred by H up to the time of delivery of the judgment of 19 July 2016, H v Council and Commission(C-455/14 P, EU:C:2016:569), only in so far as they relate to the question of the admissibility of the action. H shall bear all the other costs incurred by the Council and herself both before and after that judgment was delivered.’

3.H and the Council shall bear their own costs in relation to the present application.

(*) Language of the case: English.

(1) OJ C 221, 14.8.2010.