ORDER OF THE PRESIDENT OF THE FOURTH CHAMBER OF THE GENERAL COURT
30 April 2014 (1)
(Removal from the register)
In Case T-447/12,
Visa Europe Ltd, established in London (United Kingdom), represented by A. Renshaw and J. Aitken, Solicitors,
applicant,
supported by
Servired, Sociedad Española de Medios de Pago, SA, established in Madrid (Spain), represented by F. Lorente Hurtado, P. Vidal Martinez, J. Folguera Crespo, A. Gutierrez Hernandez, B. Martínez Corral, and A. R. Lapresta Bienz, lawyers
intervener,
v
European Commission, represented by V. Bottka and N. Khan, acting as Agents,
defendant,
Annulment of the Commission’s decision of 31 July 2012 rejecting the applicant’s request for amendment of the maximum cap for multilateral interchange fees (‘MIFs’) applied by Visa Europe, within the EEA, to cross-border and certain domestic point of sale (‘POS’) transactions with VISA, VISA Electron and V PAY ‘consumer’ immediate debit cards (‘immediate debit MIFs’), set within the context of the applicant’s commitments made binding by Commission Decision C(2010) 8760 final of 8 December 2010 (Case COMP/D-1/39.398 - Visa MIF).
1 By letter lodged at the Registry of the General Court on 20/03/2014, the applicant informed the Court, in accordance with Article 99 of the Rules of Procedure, that it wished to discontinue proceedings and submitted that it would be appropriate for each party, including the intervener, to bear their own costs of the proceedings.
2 By letter lodged at the Registry of the General Court on 31/03/2014, the defendant informed the Court that it has no comments on the application for discontinuance and that it agrees to the applicants’ suggestion that each party, including the intervener should bear their own costs of the proceedings.
3 By letter lodged at the Registry of the General Court on 03/04/2014, the intervener informed the Court that it has no objections to the application for discontinuance of the proceedings, neither objects to the apportionment of costs proposed by the applicant.
4 The second subparagraph of Article 87(5) of the Rules of Procedure provides that, where proceedings are discontinued and the parties have come to an agreement on costs, the order for costs shall be in accordance with that agreement.
5 The case will therefore be removed from the register and the order for costs shall be as agreed between the parties.
On those grounds,
THE PRESIDENT OF THE FOURTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-447/12 is removed from the register of the General Court.
2. The applicant and the defendant shall bear their own costs.
3. The intervener shall bear its own costs.
Luxembourg, 30 April 2014.