Language of document : ECLI:EU:T:2014:699

ORDER OF THE PRESIDENT OF THE FOURTH CHAMBER OF THE GENERAL COURT

16 July 2014 (1)

(Removal from the register)

In Case T-292/10,

Monty Program AB, established in Tusby (Finland), represented initially by C. J. Pouncey and H. Anttilainen-Mochnacz, lawyers, and subsequently by J. Taipale, lawyer,

applicant,

      v      

European Commission, represented initially by J. Bourke, S. Noë and T. Christoforou, and subsequently by J. Bourke, S. Noë, N. Khan and G. Meessen, and lastly by J. Bourke, S. Noë and N. Khan, acting as Agents,

defendant,

supported by

Oracle Corp., established in Redwood Shores (United States), represented by T. Vinje, Solicitor, D. Paemen and M. Petite, lawyers,

and by

Software Freedom Law Center, Inc., established in New York (United States), represented by C. Piana, lawyer,

interveners,

APPLICATION for partial annulment of Commission Decision C (2010) 142 final of 21 January 2010, declaring a concentration seeking the acquisition of sole control of the assets of the company Sun Microsystems by Oracle Corporation to be compatible with the common market and the functioning of the EEA Agreement (Case No COMP/M.5529 ? Oracle/Sun Microsystems).


1        By letter lodged at the Registry of the General Court on 16 June 2014, the applicant informed the Court, in accordance with Article 99 of the Rules of Procedure, that it wished to discontinue proceedings and that the question of costs had been the subject of an agreement between the applicant and the interveners, according to which they have no claims against each other for costs or damages resulting from this appeal.

2        By letter lodged at the Registry of the Court on 16 June 2014, the intervener, Software Freedom Law Center, informed the Court that it had no objections to the application for discontinuance and confirmed that the applicant and the interveners had reached an agreement regarding the costs according to which Software Freedom Law Center would not seek any costs, expenses or damages from the applicant.

3        By letter lodged at the Registry of the Court on 17 June 2014, the intervener, Oracle Corp., informed the Court that it had no objections to the application for discontinuance and that it withdrew its claim against the applicant for costs.

4        By letter lodged at the Registry of the Court on 4 July 2014, the defendant informed the Court that it had no objections to the application for discontinuance and requested that the applicant be ordered to pay the costs incurred by the defendant.

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.

6        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.

7        The case will therefore be removed from the register and the applicant ordered to pay its own costs and those incurred by the defendant. The interveners shall bear their own costs.

8        

On those grounds,

THE PRESIDENT OF THE FOURTH CHAMBER OF THE GENERAL COURT

hereby orders:

1.      Case T-292/10 is removed from the register of the General Court.

2.      The applicant shall bear its own costs and those incurred by the defendant.

3.      The interveners shall bear their own costs.

Luxembourg, 16 July 2014.

E. Coulon

 

       M. Prek

Registrar

 

      President


1 Language of the case: English.