Language of document : ECLI:EU:C:2019:455


10 May 2019 (*)

(Removal from the register)

In Case C‑633/18 P,

APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 11 October 2018,

Apple Distribution International, established in Cork (Ireland), represented initially by S. Schwiddessen, H. Lutz, and N. Niejahr, Rechtsanwälte, and by A. Patsa, dikigoros, and subsequently by S. Schwiddessen, H. Lutz and N. Niejahr, Rechtsanwälte,


the other party to the proceedings being:

European Commission, represented by G. Braun, B. Stromsky and J. Samnadda, acting as Agents,

defendant at first instance,

supported by:

French Republic, represented by E. de Moustier and P. Dodeller, acting as Agents,

intervener in the appeal,


after hearing the Advocate General, M. Bobek,

makes the following


1        By document lodged via e-Curia on 17 April 2019, Apple Distribution International informed the Court, in accordance with Article 148 of the Rules of Procedure, applicable to appeal proceedings by virtue of Article 190(1) of those rules, that it was discontinuing its appeal.

2        By document lodged via e-Curia on 3 May 2019, the Commission informed the Court that it had no observations to submit on that discontinuance, but requested that Apple Distribution International be ordered to pay the costs.

3        Pursuant to the combined provisions of Articles 141(1) and 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.

4        In the light of the circumstances of the present case, Apple Distribution International must therefore be ordered to pay the costs.

5        Under the combined provisions of Articles 140(1) and 184(1) of the Rules of Procedure, Member States and institutions which have intervened in the proceedings are to bear their own costs.

6        The French Republic must therefore be ordered to bear its own costs.

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

1.      Case C633/18 P is removed from the Register of the Court.

2.      Apple Distribution International shall pay the costs.

3.      The French Republic shall bear its own costs.

Luxembourg 10 May 2019.

A. Calot Escobar


K. Lenaerts




* Language of the case: English.