ORDER OF THE PRESIDENT OF THE FOURTH CHAMBER OF THE GENERAL COURT
9 December 2014(1)
(Removal from the register)
In Case T-48/14,
Pfizer Ltd, established in (United Kingdom), represented by K. M. Bacon and M. M. Schaefer, Barristers, and I. C. Dodds-Smith, C. Stothers, and J. Mulryne, Solicitors,
applicant,
v
European Commission, represented by A. Sipos and V. Walsh, acting as Agents,
and
European Medicines Agency, represented by M. Stefano, T. Jabłoński, G. Gavriilidou, N. Rampal Olmedo and M. Tovar Gomis acting as Agents,
defendants,
APPLICATION for annulment of the decisions of the European Commission and of the European Medicines Agency (EMA), contained in the letters of 11 and 15 November 2013, refusing to issue, at that stage of the procedure, a compliance statement for the applicant’s marketing authorisation of medical product Vfend,
1 By letter lodged at the Registry of the General Court on 28 October 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 14 November 2014, the first defendant, the European Commission, informed the Court that it had no objections on the application for discontinuance and requested, pursuant to Article 87 (5) of the Rules of Procedure, that the applicant be ordered to pay the costs incurred by the Commission.
3 By letter lodged at the Registry of the Court on 14 November 2014, the second defendant, the European Medicines Agency, informed the Court that it had no observations on the application for discontinuance, and requested, pursuant to Article 87 (5) of the Rules of Procedure, that the applicant be ordered to pay the costs.
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 applicant sought no order as to costs and the defendants requested that the applicant should be ordered to bear the costs.
5 The case will therefore be removed from the register and the applicant ordered to pay the costs, including those of the defendants.
On those grounds,
THE PRESIDENT OF THE FOURTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-48/14 is removed from the register of the General Court.
2. Pfizer Ltd shall bear its own costs and the costs incurred by the European Commission and the European Medicines Agency.
Luxembourg, 9 December 2014.