Avis juridique important

61986O0201(01)

European Court reports 1990 Page I-00197

Parties

In Case C-201/86

Société Spie-Batignolles, having its registered office at Puteaux ( France ), represented by Jean-Louis Delvolvé and, in the written procedure, by Christophe Deveau, both of the Paris Bar, with an address for service in Luxembourg at the Chambers of Jacques Loesch, 8 rue Zithe,

applicant,

Commission of the European Communities, represented by Marie-José Jonczy, Legal Adviser, acting as Agent, with an address for service in Luxembourg at the office of Georgios Kremlis, a member of its Legal Department, Wagner Centre, Kirchberg,

defendant,

APPLICATION to establish the non-contractual liability of the Commission under Article 178 and the second paragraph of Article 215 of the EEC Treaty by virtue of wrongful conduct of its departments responsible for the implementation of EDF projects Nos 4.100.043.43.14 and 4.100.041.94.26 relating to two contracts for works for the construction of two continuous roads from Kigali to Butare and from Butare to the frontier between Rwanda and Burundi, entered into between the Republic of Rwanda and the Spie-Batignolles company,

THE COURT ( Sixth Chamber )

composed of : C . N . Kakouris, President of Chamber, T . Koopmans, G . F . Mancini, T . F . O' Higgins and M . Diez de Velasco, Judges,

Advocate General : W . Van Gerven

Registrar : J.-G . Giraud

after hearing the views of the Advocate General,

makes the following

Grounds

1 By a letter lodged at the Court Registry on 22 January 1990, the applicant informed the Court, pursuant to Article 78 of the Rules of Procedure, that it wished to discontinue its action.

2 By a letter lodged at the Court Registry on 31 January 1990, the Commission of the European Communities took note of the discontinuance of the action and asked that the applicant be ordered to pay the costs pursuant to Article 69(4 ) of the Rules of Procedure.

3 Under Article 69(4 ) of the Rules of Procedure, a party who discontinues or withdraws from proceedings is to be ordered to pay the costs . Since the applicant has discontinued the proceedings, it must be ordered to pay the costs .

Operative part

On those grounds,

THE COURT ( Sixth Chamber )

hereby :

( 1 ) Removes Case C-201/86 from the register of the Court;

( 2 ) Orders the applicant to pay the costs .

Luxembourg, 6 February 1990 .