ORDER OF THE PRESIDENT OF THE THIRD CHAMBER OF THE GENERAL COURT
31 March 2014 (1)
(Removal from the register)
In Case T-266/11,
Naglaa Abdallah El Gazaerly, residing in London (United Kingdom), represented initially by D. Pannick QC, R. Lööf, Barrister, and M. C. O’Kane, and subsequently by D. Pannick QC, M. E. J. Lester, Barrister, and M. C. O’Kane, Solicitor,
applicant,
v
Council of the European Union, represented by R. Liudvinaviciute-Cordeiro and I. Gurov, acting as Agents,
defendant,
supported by
European Commission, represented initially by S. Boelaert, E. Paasivirta and M. Konstantinidis, and subsequently by E. Paasivirta and S. Boelaert, acting as Agents,
intervener,
APPLICATION for annulment, first, of Council Decision 2011/172/CFSP of 21 March 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt (OJ 2011 L 76, p. 63) and, second, of Council Regulation (EU) No 270/2011 of 21 March 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt (OJ 2011 L 76, p. 4), in so far as those measures concern the applicant, and for payment of damages.
1 By letter lodged at the Registry of the General Court on 24 February 2014, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure that it wished to discontinue proceedings. It sought no order as to costs.
2 By letter lodged at the Registry of the Court on 12 March 2014, the defendant informed the Court that it has no objections to discontinue proceedings. The defendant requested that the applicant should be ordered to bear the costs of the proceedings.
3 The intervener, European Commission, did not lodge any observations within the prescribed time-limit.
4 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 applied for the costs to be borne by the applicant.
5 The first subparagraph of Article 87(4) of the Rules of Procedure provides that the Member States and institutions which intervened in the proceedings shall bear their own costs.
6 The case will therefore be removed from the register and the applicant ordered to pay its costs as well as the costs of the defendant, whereas the intervener shall bear its own costs.
On those grounds,
THE PRESIDENT OF THE THIRD CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-266/11 is removed from the register of the General Court.
2. The applicant shall bear its costs as well as the costs of the defendant.
3. The intervener shall bear its own costs.
Luxembourg, 31 March 2014.