3. Where there are several unsuccessful parties the Court shall decide how the costs are to be shared. 4. Where each party succeeds on some and fails on other heads, or where the Circumstances are exceptional; the Court may order that the costs be shared or that the parties bear their own costs. 5. The Court may order a party, even if successful, to pay costs which the Court considers that party to have unreasonably or vexatious caused the opposite party to incur. 6. The Member States and institutions which intervene in the proceedings shall bear their own costs. 7. The Court may order an intervener other than those mentioned in the preceding subparagraphs to bear his own costs. 8. A party who discontinues or withdraws from proceedings shall be ordered to pay the costs if they have been applied for in the other party's observations on the discontinuance. 9. However, upon application by the party who discontinues or withdraws from proceedings, the costs shall be borne by the other party if this appears justified by the conduct of that party. 10. Where the parties have come to an agreement on costs, the decision as to costs shall be in accordance with that agreement. 11. If costs are not claimed, the parties shall bear their own costs. 12. Where a case does not proceed to judgment the costs shall be in the discretion of the Court. Article 67Costs necessarily incurred by a party in executing a judgment or order of the Court shall be refunded by the opposite party on the scale in force in the State where the execution takes place. Article 68Proceedings before the Court shall be free of charge, except that: (a) Where a party has caused the Court to incur avoidable costs the Court may, after hearing the parties, order that party to refund them; (b) Where copying or translation work is carried out at the request of a party, the cost shall, in so far as the Chief Registrar considers it excessive, be paid for by that party on the scale of charges referred to in Article 13(5) of these Rules. Article 69Without prejudice to the preceding Article, the following shall be regarded as recoverable costs: (a) Sums payable to witnesses and experts under Article 47 of these Rules; (b) Expenses necessarily incurred by the parties for the purpose of the proceedings, in particular the travel and subsistence expenses and the remuneration of agents, advisers or lawyers.