ORDER OF THE PRESIDENT
OF THE NINTH CHAMBER OF THE GENERAL COURT
30 September 2020 (*)
(Removal from the register)
In Case T-298/18,
Banco Comercial Português SA, established in Porto (Portugal),
Banco ActivoBank SA, established in Lisbon (Portugal),
and
Banco de Investimento Imobiliário SA, established in Lisbon,
represented by C. Botelho Moniz, L. do Nascimento Ferreira, F.‑C. Laprévote, A. Champsaur and D. Oda, lawyers,
applicants,
v
European Commission, represented by K. Blanck, A. Bouchagiar, A. Steiblytė and K.-P. Wojcik, acting as Agents,
defendant,
supported by
Portuguese Republic, represented by L. Inez Fernandez, T. Larsen, P. Barros da Costa, A. Homem, acting as Agents, and P. Moura Pinheiro, lawyer,
Novo Banco SA, established in Lisbon, represented by C. Pinto Correia, B. Meyring and S. Ianc, lawyers,
Banco de Portugal, established in Lisbon, represented by N. Mimoso Ruiz, lawyer,
Fundo de Resolução, established in Lisbon, represented by N. Mimoso Ruiz, lawyer,
and
Nani Holdings, SGPS SA, established in Lisbon, represented by C. Pinto Correia, B. Meyring and S. Ianc, lawyers,
interveners,
APPLICATION based on Article 263 TFEU seeking annulment of Commission Decision C(2017) 6896 final of 11 October 2017 on State aid SA.49275 (2017/N) — Portugal, Sale of Novo Banco with additional aid in the context of the 2014 Resolution of Banco Espírito Santo, S.A. (OJ 2018 C 97, p. 1), in so far as it declares the contingent capital agreement between the Fundo de Resolução and Novo Banco in the context of the sale of the latter entity compatible with the internal market pursuant to Article 107(3)(b) TFEU.
1 By letter lodged at the Court Registry on 9 September 2020, the applicants informed the Court in accordance with Article 125 of the Rules of Procedure of the General Court, that they wished to discontinue proceedings. They sought no order as to costs.
2 By letter lodged at the Court Registry on 10 September 2020, the defendant requests the Court that the applicants be ordered to bear their own costs and those of the defendant.
3 By letters lodged at the Court Registry on 11 September 2020, Nani Holdings SGPS SA and Novo Banco SA informed the Court that they do not oppose on the discontinuance and that the applicants be ordered to bear their own costs and those of Nani Holdings and Novo Banco.
4 By letter lodged at the Court Registry on 23 September 2020, the Portuguese Republic informed the Court that it has no observations to submit on the discontinuance. It sought no order as to costs.
5 By letters lodged at the Court Registry on 23 September 2020, Banco de Portugal and Fundo de Resolução informed the Court that they have no observations on the discontinuance of the proceedings. They sought no order as to costs.
6 Article 136(1) of the Rules of Procedure provides that a party who discontinues or withdraws from proceedings is to be ordered to pay the costs if they have been applied for in the other party’s observations on the discontinuance.
7 Article 136(4) of the Rules of Procedure provides that, where proceedings are discontinued, if costs are not claimed, the parties are to bear their own costs.
8 The case shall therefore be removed from the register and the applicants ordered to pay the costs of the European Commission, Novo Banco and Nani Holdings. Banco de Portugal and Fundo de Resolução shall bear their own costs.
9 Under Article 138(1) of the Rules of Procedure, the Member State which has intervened in the proceedings is to bear its own costs.
On those grounds,
THE PRESIDENT OF THE NINTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T‑298/18 is removed from the register of the General Court.
2. Banco Comercial Português SA, Banco ActivoBank SA and Banco de Investimento Imobiliário SA shall pay the costs of the European Commission, Novo Banco SA and Nani Holdings, SGPS SA.
3. The Portuguese Republic, Banco de Portugal and Fundo de Resolução shall bear their own costs.
Luxembourg, 30 September 2020.