ORDER OF THE PRESIDENT OF THE SIXTH CHAMBER OF THE GENERAL COURT
4 May 2011 (1)
(Removal from the register)
In Case T-88/11,
BIA Separations d.o.o., established in Ljubljana (Slovenia), represented by G. M. Berrisch, lawyer and N. Chesaites, Barrister,
applicant,
v
European Commission, represented by C. ten Dam and F. Clotuche-Duvieusart, acting as Agents,
defendant,
APPLICATION for annulment of the Commission’s implied decision refusing to grant the applicant access to certain documents, concerning Co-operation Agreement between the European Community and the European Investment Bank, in respect of the Risk-sharing Finance Facility.
1 By letter lodged at the Registry of the General Court on 30 March 2011, the applicant informed the Court, in accordance with Article 99 of the Rules of Procedure, that it wished to discontinue proceedings and requested, pursuant to Article 87(5) of the Rules of Procedure, that the defendant be ordered to pay the costs of the proceedings.
2 By letter lodged at the Registry of the Court on 14 April 2011, the defendant informed the Court that it has no observations on the application for discontinuance. It sought no order as to costs.
3 The first subparagraph of Article 87(5) of the Rules of Procedure provides that a party who discontinues or withdraws from proceedings shall be ordered to pay the costs if they have been applied for in the observations of the other party on the discontinuance. However, upon application by the party who discontinues or withdraws from proceedings, the costs shall be borne by the other party if this appears justified by the conduct of that party.
4 In the present case, the discontinuance of the present case arises from the fact that the Commission adopted express decision after the expiry of the periods under Article 8 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L 145, p. 43) and after the action was brought by the applicant against the implied decision. For that reason, and although the applicant withdraws from the proceedings, the Commission must bear its own costs and pay those incurred by the applicant (see, to that effect, Joined Cases T-494/08 to T-500/08 and T-509/08, Ryanair v Commission [2010] ECR I-0000, paragraph 106).
5 The case will therefore be removed from the register and the Commission is ordered to bear its own costs and those incurred by the applicant.
On those grounds,
THE PRESIDENT OF THE SIXTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-88/11 is removed from the register of the General Court.
2. The defendant shall bear its own costs and those incurred by the applicant.
Luxembourg, 4 May 2011.
E. Coulon | | E. Moavero Milanesi |