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Order of the Vice-President of the Court of 4 April 2019.#European Central Bank v Wall Street Systems UK Ltd.#Taxation of costs.#Case C-576/17 P(R)-DEP.

ECLI:EU:C:2019:293

62017CO0576(02)

April 4, 2019
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Valentina R., lawyer

4 April 2019 (*1)

(Taxation of costs)

In Case C‑576/17 P(R)-DEP,

APPLICATION for taxation of recoverable costs under Article 145 of the Rules of Procedure of the Court of Justice, made on 18 December 2018,

European Central Bank (ECB), represented by C. Kroppenstedt and I. Koepfer, acting as Agents, and by U. Soltész and A. Neun, Rechtsanwälte,

applicant,

Wall Street Systems UK Ltd, established in London (United Kingdom), represented by A. Csaki, Rechtsanwalt,

defendant,

THE VICE-PRESIDENT OF THE COURT,

after hearing the Advocate General, M. Szpunar,

makes the following

1The present case concerns the taxation of costs incurred by the European Central Bank (ECB) in Case C‑576/17 P(R).

2By its appeal, brought on 29 September 2017, Wall Street Systems UK Ltd, under Article 56 of the Statute of the Court of Justice of the European Union, requested the Court to set aside the order of the Vice-President of the General Court of the European Union of 26 September 2017, Wall Street Systems UK v ECB (T‑579/17 R, not published, EU:T:2017:668), by which the Vice-President of the General Court dismissed its application for suspension of operation of the decision of the Procurement Review Body of the ECB of 17 August 2017 rejecting its appeal against the ECB’s decision rejecting its tender in the context of tendering procedure 2016/S 093-165651 for the conclusion of a framework agreement concerning the provision of a treasury management system and support services.

3By order of 22 March 2018, Wall Street Systems UK v ECB (C‑576/17 P(R), not published, EU:C:2018:208), the Vice-President of the Court of Justice dismissed that appeal and ordered Wall Street Systems UK to pay the costs.

4No agreement having been reached between the ECB and Wall Street Systems UK as to the amount of costs to be recovered, the ECB made the present application.

Arguments of the parties

5The ECB requests the Court to fix the amount of the costs to be recovered at EUR 14 323.10, in respect of the appeal proceedings, and at EUR 2 644.78 in respect of the present proceedings.

6By a letter of 6 February 2019, Wall Street Systems UK informed the Court that it had paid the amounts claimed by the ECB and submitted that, therefore, the present proceedings for taxation of costs had become devoid of purpose.

7By a letter of 11 February 2019, the ECB informed the Court that the total amount of EUR 16 967.88 as claimed in its application had been paid to it, and that therefore the present proceedings must be considered to be resolved and there is no longer any need for taxation of the costs incurred both in the present proceedings and in the appeal proceedings.

Findings of the Court

8It must be held that, following the payment by Wall Street Systems UK of the costs claimed by the ECB in respect of the appeal proceedings and the present proceedings, the application for taxation of the ECB’s recoverable costs has become devoid of purpose.

9There is therefore no need to adjudicate on this application.

On those grounds, the Vice-President of the Court hereby orders:

There is no need to adjudicate on the application for taxation of costs in Case C‑576/17 P(R)-DEP.

Luxembourg, 4 April 2019.

Registrar

*

Language of the case: English.

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