Language of document : ECLI:EU:C:2018:150

ORDER OF THE PRESIDENT OF THE COURT

15 February 2018 (*)

(Removal from the Register)

In Joined Cases C-602/16 P and C-607/16 P to C-609/16 P,

FOUR APPEALS under Article 56 of the Statute of the Court of Justice of the European Union, brought on 24 November 2016,

Council of the European Union, represented by H. Marcos Fraile, acting as Agent, and N. Tuominen, avocată,

applicant,

the other parties to the proceedings being:

Unitec Bio SA, established in Buenos Aires (Argentina),

Molinos Río de la Plata SA, established in Buenos Aires,

Oleaginosa Moreno Hermanos SACIFI y A, established in Bahia Blanca (Argentina),

Vicentin SAIC, established in Avellaneda (Argentina),

Aceitera General Deheza SA, established in General Deheza (Argentina),

Bunge Argentina SA, established in Buenos Aires,

Cámara Argentina de Biocombustibles (Carbio), established in Buenos Aires,

Cargill SACI, established in Buenos Aires,

LDC Argentina SA, established in Buenos Aires,


represented by J.-F. Bellis, R. Luff and G. Báthory, avocats,

applicants at first instance,

European Commission, represented by M. França and J.-F. Brakeland, acting as Agents,

European Biodiesel Board (EBB), established in Brussels (Belgium), represented by O. Prost and M.-S. Dibling, avocats,

interveners at first instance,

THE PRESIDENT OF THE COURT,

after hearing the Advocate General, M. Wathelet,

makes the following

Order

1        By document lodged via e-Curia on 22 January 2018, the Council informed the Court, pursuant to Article 148 of the Rules of Procedure, that it wished to discontinue its appeals.

2        By document lodged via e-Curia on 2 February 2018, Unitec Bio SA and others informed the Court that they had no observations to submit on that discontinuance, but requested that the Council be ordered to pay the costs.

3        By document lodged via e-Curia on 2 February 2018, the Commission informed the Court that it had no observations to submit on the discontinuance.

4        The EBB did not submit observations on the discontinuance within the prescribed period.

5        Pursuant to the combined provisions of Article 141(1) and Article 184(1) 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 other party’s observations on the discontinuance.

6        In the light of the circumstances of the present case and, in particular, the fact that Unitec Bio SA and others have requested that the Council be ordered to pay the costs, it is appropriate to order the Council to pay the costs incurred by Unitec Bio SA and others.

7        Furthermore, pursuant to the combined provisions of Article 141(4) and Article 184(1) of the Rules of Procedure, if costs are not claimed, the parties are to bear their own costs.

8        It is therefore appropriate to order the Commission and the EBB to bear their own costs.

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

1.      Joined Cases C-602/16 P and C-607/16 P to C-609/16 P are removed from the Register of the Court.

2.      The Council of the European Union shall pay the costs incurred by Unitec Bio SA, Molinos Río de la Plata SA, Oleaginosa Moreno Hermanos SACIFI y A, Vicentin SAIC, Aceitera General Deheza SA, Bunge Argentina SA, Cámara Argentina de Biocombustibles (Carbio), Cargill SACI and LDC Argentina SA.

3.      The European Commission and the European Biodiesel Board shall bear their own costs.

Luxembourg, 15 February 2018.

A. Calot Escobar

 

      K. Lenaerts

Registrar President



*      Language of the case: English.