ORDER OF THE PRESIDENT OF THE SECOND CHAMBER OF THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL
19 September 2011 (*)
(Removal from the register)
In Case F-5/11,
ACTION brought under Article 270 TFEU, applicable to the EAEC Treaty pursuant to Article 106a thereof,
Peter Mariën, a member of the contract staff, residing in Elsene (Belgium), represented by B. Theeuwes and F. Pons, lawyers,
applicant,
v
European Commission, represented by G. Berscheid and B. Eggers, acting as Agents,
defendant,
THE PRESIDENT OF THE SECOND CHAMBER OF THE CIVIL SERVICE TRIBUNAL
makes the following
Order
1 By letter received at the Registry of the Tribunal on 12 July 2011, the applicant informed the Tribunal that, in Case F-15/11 Mariën v EEAS, the parties had reached an amicable settlement, which also relates to the present case, and consequently he was discontinuing his action.
2 By letter received at the Registry of the Tribunal on 9 August 2011, the defendant stated that it does not request that the opposing party be ordered to pay the costs.
3 Under Article 74 of the Rules of Procedure, if the applicant informs the Tribunal, in writing or at the hearing, that he wishes to discontinue the proceedings, the President is to order the case to be removed from the register and is to give a decision as to costs in accordance with Article 89(5).
4 Consequently, the present case must be removed from the Register of the Tribunal.
5 Under Article 89(5) of the Rules of Procedure, a party who discontinues or withdraws from proceedings is to be ordered to pay the costs if they have been applied for in the observations of the other party on the discontinuance. Having regard to the position of the defendant on the costs, each party must be ordered to bear its own costs.
On those grounds,
THE PRESIDENT OF THE SECOND CHAMBER OF THE CIVIL SERVICE TRIBUNAL
hereby orders:
1. Case F-5/11 Mariën v Commission is removed from the Register of the Tribunal.
2. Each party shall bear its own costs.
Luxembourg, 19 September 2011.