ORDER OF THE PRESIDENT OF THE SEVENTH CHAMBER OF THE GENERAL COURT
13 July 2012 (1)
(Removal from the register)
In Case T-75/10,
Empresa Brasileira de Aeronáutica, SA (Embraer), established in São José dos Campos (Brazil),
Embraer Aviation Europe SAS (EAE), established in Villepinte (France),
Indústria Aeronáutica de Portugal, SA (OGMA), established in Alverca do Ribatejo (Portugal),
represented initially by U. O’Dwyer and A.S. Martin, Solicitors, and subsequently by U. O’Dwyer,
applicants,
v
European Commission, represented by E. Gippini Fournier, D. Grespan and S. Thomas, acting as Agents,
defendant,
supported by
Short Brothers plc, established in Belfast (United Kingdom),
Bombardier, Inc., established in Quebec (Canada),
represented initially by A. Renshaw, M. O’Regan and S. Southwell, Solicitors, and subsequently by A. Renshaw and M. O’Regan,
and by
United Kingdom of Great Britain and Northern Ireland, represented initially by S. Behzadi-Spencer, acting as Agent, and subsequently by H. Walker, acting as Agent, and by K. Bacon, Barrister,
interveners,
APPLICATION for annulment of Commission Decision C(2009) 4541 final of 17 June 2009 not to raise objections to the State aid granted by the United Kingdom authorities to Short Brothers plc, a subsidiary of Bombardier Inc. (State aid N 654/2008 – United Kingdom Large R&D aid to Bombardier, OJ 2009 C 298, p. 2).
1 By letter lodged at the Registry of the General Court on 21 June 2012, the applicants informed the Court in accordance with Article 99 of the Rules of Procedure that they wished to discontinue proceedings. They sought no order as to costs.
2 By letter lodged at the Registry of the Court on 2 July 2012, the defendant informed the Court that it had no objections on the application for discontinuance. The defendant requested that the applicants should bear the costs.
3 By letter lodged at the Registry of the Court on 2 July 2012, the interveners, Short Brothers plc and Bombardier, Inc., informed the Court that they supported the application for discontinuance and that they agreed to bear their own costs in relation to their intervention.
4 The intervener, United Kingdom of Great Britain and Northern Ireland, did not lodge any observations on the application for discontinuance within the prescribed time-limit.
5 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. In the present case, the applicants sought no order as to costs, while the defendant requested that the applicants should bear the costs. The interveners, Short Brothers plc and Bombardier, Inc, agreed to bear their own costs.
6 The first subparagraph of Article 87(4) of the Rules of Procedure provides that the Member States which intervened in the proceedings are to bear their own costs.
7 The case will therefore be removed from the register and the applicants ordered to pay their own and the defendant’s costs, while the interveners shall bear their own costs.
On those grounds,
THE PRESIDENT OF THE SEVENTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-75/10 is removed from the register of the General Court.
2. Empresa Brasileira de Aeronáutica, SA (Embraer), Embraer Aviation Europe SAS (EAE) and Indústria Aeronáutica de Portugal, SA (OGMA) shall bear their own costs as well as those incurred by the European Commission.
3. Short Brothers plc and Bombardier, Inc. shall bear their own costs.
4. The United Kingdom of Great Britain and Northern Ireland shall bear its own costs.
Luxembourg, 13 July 2012.