ORDER OF THE PRESIDENT OF THE FIFTH CHAMBER OF THE GENERAL COURT
10 February 2014 (1)
(Removal from the register)
In Case T-142/13,
Jinko Solar Co., Ltd, established in Shangrao (China),
Zhejiang Jinko Solar Co., Ltd, established in Haining City (China),
Jiangxi Jinko Photovoltaic Materials Co., Ltd, established in Shangrao (China),
Jinko Solar Import and Export Co., Ltd, established in Shangrao (China),
Zhejiang Jinko Trading Co., Ltd, established in Haining City (China),
represented by K. Adamantopoulos and J. Cornelis, lawyers,
applicants,
v
European Parliament, represented by D. Warin, M. Auersperger Matić and A. Gros-Tchorbadjiyska, acting as Agents,
Council of the European Union, represented by J.-P. Hix and S. Boelaert, acting as Agents, assisted by A. Polcyn, lawyer,
European Commission, represented by J.-F. Brakeland and T. Maxian Rusche, acting as Agents,
defendants,
APPLICATION for annulment of Regulation (EU) No 1168/2012 of the European Parliament and of the Council of 12 December 2012 amending Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community (OJ 2012 L 344, p. 1) and annulment of the Commission’s decision of 3 January 2013 on the anti-dumping proceeding concerning imports of crystalline silicone photovoltaic modules and key components (cells and wafers) originating in the People’s Republic of China.
1 By letter lodged at the Registry of the General Court on 9 January 2014, the applicants informed the Court in accordance with Article 99 of the Rules of Procedure that they wished to discontinue proceedings and requested that the defendants be ordered to pay the costs.
2 By letter lodged at the Registry of the Court on 15 January 2014, the defendant, the European Commission, informed the Court that it had no objections to the discontinuance. It requested that the applicants should be ordered to bear the costs.
3 By letter lodged at the Registry of the Court on 21 January 2014, the defendant, the Council of the European Union, informed the Court that it had no objections to the discontinuance. It requested that the applicants should be ordered to bear the costs.
4 By letter lodged at the Registry of the Court on 27 January 2014, the defendant, the European Parliament, informed the Court that it had no objections to the discontinuance. It requested that the applicants should be ordered to bear the costs.
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 defendants requested that the applicants be ordered to pay the costs.
6 The case will therefore be removed from the register and the applicants ordered to pay their own costs and the costs incurred by the defendants.
7 In addition, by letter lodged at the Registry of the General Court, the Council of the European Union sought leave to intervene in support of the form of order sought by the defendants.
8 Since the case is removed from the register of the General Court, there is no need to rule on the application for leave to intervene lodged by the Council of the European Union, which shall bear its own costs in relation to the application for leave to intervene.
On those grounds,
THE PRESIDENT OF THE FIFTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-142/13 is removed from the register of the General Court.
2. The applicants shall bear their own costs and the costs incurred by the defendants.
3. There is no need to rule on the application for leave to intervene lodged by the Council of the European Union, which shall bear its own costs in relation to the application for leave to intervene.
Luxembourg, 10 February 2014.