ORDER OF THE PRESIDENT OF THE SECOND CHAMBER OF THE GENERAL COURT
5 July 2013 (1)
(Removal from the register)
In joined Cases T-148/10 and T-149/10,
SK Hynix, Inc., formerly Hynix Semiconductor, Inc., established in Gyeonggi-do (Republic of Korea), represented by A. Woodgate and O. Heinisch, Solicitors,
applicant,
supported by,
STMicroelectronics NV, established in Amsterdam (Kingdom of the Netherlands), represented by M. Todino, lawyer,
intervener,
v
European Commission, represented by A. Antoniadis, F. Castillo de la Torre, N. Steven and T. Vecchi, acting as Agents,
defendant,
Rambus, Inc., established in Wilmington (United States), represented by I. Forrester QC, J. Killick, Barrister and P. Berghe, lawyer,
APPLICATION for annulment of the Commission Decision of 9 December 2009 relating to a proceeding under Article 102 TFEU and Article 54 EEA (Case COMP/38.636 – Rambus), making binding the commitments made by Rambus, Inc. to limit, for a period of five years, its royalty rates on certain patents for interface technology for dynamic RAM memory (DRAM) and bringing the procedure to an end in accordance with Article 9 of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 [EC] and 82 [EC] (OJ 2003 L 1, p. 1) and application for annulment of Commission Decision C(2010) 150 of 15 January 2010, rejecting the complaint made by Hynix Semiconductors, Inc. against Rambus, Inc. for infringement of Articles 102 TFEU and 54 EEA,
1 By letter lodged at the Registry of the General Court on 12 June 2013, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure that it wished to discontinue proceedings. It made no observations on the costs.
2 By letter lodged at the Registry of the Court on 17 June 2013, the defendant informed the Court that it had no observations on the discontinuance. It requested, in accordance with Article 87(5), first subparagraph, of the Rules of Procedure that the applicant be ordered to pay the costs.
3 By letter lodged at the Registry of the Court on 25 June 2013, the intervener, Rambus Inc., informed the Court that it had no observations on the discontinuance. It requested, in accordance with an agreement between itself and the applicant, that each party bears its own costs.
4 The intervener, STMicroelectronics NV, did not lodge any observations.
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 defendant requested that the applicant be ordered to pay the costs.
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 Furthermore, the third subparagraph of Article 87(5) of the Rules of Procedure provides that, where proceedings are discontinued and costs are not applied for, the parties are to bear their own costs.
8 The case will therefore be removed from the register and the applicant be ordered to pay the costs incurred by the defendant. The intervener, Rambus Inc., will be ordered to pay its own costs, as agreed between the parties and in the absence of any claim in that regard, the intervener, STMicroelectronics NV, will be ordered to pay its own costs.
On those grounds,
THE PRESIDENT OF THE SECOND CHAMBER OF THE GENERAL COURT
hereby orders:
1. Joined Cases T-148/10 and T-149/10 are removed from the register of the General Court.
2. The applicant shall bear the costs incurred by the defendant.
3. The interveners, Rambus Inc. and STMicroelectronics NV, shall bear their own costs.
Luxembourg, 5 July 2013.