ORDER OF THE PRESIDENT
OF THE FIFTH CHAMBER OF THE GENERAL COURT
4 May 2018 (*)
(Removal from the register)
In Case T‑1/18,
Deutsche Lufthansa AG, established in Cologne (Germany), represented by S. Völker and J. Ruiz Calzado, lawyers,
applicant,
v
European Commission, represented by S. Baches Opi, T. Franchoo, C. Vollrath and L. Wildpanner, acting as Agents,
defendant,
APPLICATION based on Article 263 TFEU and seeking the annulment of Decision C(2017) 7355 final of 27 October 2017 of the Commission in Case M.8633 — Lufthansa/Certain Air Berlin Assets, adopted pursuant to Article 7(3) of Regulation No 139/2004 and Article 57 of the Agreement on the European Economic Area.
1 By letter lodged at the Court Registry on 19 April 2018, the applicant informed the Court in accordance with Article 125 of the Rules of Procedure of the General Court that it wished to discontinue proceedings. It sought no order as to costs.
2 By letter lodged at the Court Registry on 25 April 2018, the defendant informed the Court that it does not have any comments on the application for discontinuance and requested, pursuant to Article 136(1) of the Rules of Procedure, that the applicant be ordered to pay the costs.
3 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.
4 The case shall therefore be removed from the register and the applicant ordered to pay the costs.
On those grounds,
THE PRESIDENT OF THE FIFTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T‑1/18 is removed from the register of the General Court.
2. Deutsche Lufthansa AG shall pay the costs.
Luxembourg, 4 May 2018.