ORDER OF THE PRESIDENT OF THE SECOND CHAMBER OF THE GENERAL COURT
18 January 2012(1)
(Removal from the register)
In Case T-362/11,
Stichting Greenpeace Nederland, established in Amsterdam (the Netherlands),
Pesticide Action Network Europe (PAN Europe), established in Brussels (Belgium),
represented by B. Kloostra, lawyer,
applicants,
supported by
Kingdom of Denmark, represented by S. Juul Jørgensen and C. Vang, acting as Agents,
intervener,
v
European Commission, represented by P. Ondrusek and C. ten Dam, acting as Agents,
defendant,
ACTION for annulment of the Commission’s decision of 6 May 2011, refusing to grant the applicants full access to certain documents concerning the first authorisation to place the active substance glyphosate on the market under Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ 1991 L 230, p. 1).
1 By letter lodged at the Registry of the General Court on 7 December 2011, the applicants informed the Court in accordance with Article 99 of the Rules of Procedure that they wished to discontinue proceedings. They sought no order as to costs.
2 By letter lodged at the Registry of the Court on 19 December 2011, the defendant informed the Court that it has no objections to the discontinuance of the proceedings and requested, pursuant to Article 87(5) of the Rules of Procedure, that the applicants be ordered to pay the costs of the proceedings.
3 The intervener, the Kingdom of Denmark, did not submit 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 requested that the applicants be ordered to pay the costs of the proceedings.
5 Under the first subparagraph of Article 87(4) of the Rules of Procedure, the Member States which intervened in the proceedings are to bear their own costs.
6 The case will therefore be removed from the register and the applicants ordered to pay the costs. The intervener, the Kingdom of Denmark, shall bear its own costs.
On those grounds,
THE PRESIDENT OF THE SECOND CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-362/11 is removed from the register of the General Court.
2. The applicants shall bear their own costs and those incurred by the defendant.
3. The intervener, the Kingdom of Denmark, shall bear its own costs.
Luxembourg, 18 January 2012.