ORDER OF THE PRESIDENT OF THE FIRST CHAMBER OF THE GENERAL COURT
11 November 2013 (1)
(Removal from the register)
In Case T-234/08,
EuroChem Mineral and Chemical Company OAO (EuroChem MCC), established in Moscow (Russia), represented by B. Evtimov, lawyer,
applicant,
v
Council of the European Union, represented by J.-P. Hix and B. Driessen, acting as Agents,
defendant,
ACTION for annulment in part of Council Regulation (EC) No 238/2008 of 10 March 2008 terminating the partial interim review pursuant to Article 11(3) of Regulation (EC) No 384/96 of the anti-dumping duty on imports of solutions of urea and ammonium nitrate originating in Russia (OJ 2008 L 75, p. 14).
1 By letter lodged at the Registry of the General Court on 3 October 2013, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure that it wished to discontinue proceedings and requested, pursuant to Article 87(5) of the Rules of Procedure, that each party bear its own costs.
2 By letter lodged at the Registry of the Court on 23 October 2013, 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 By document lodged at the Registry of the General Court on 24 September 2008, the European Commission applied for leave to intervene in the present proceedings in support of the form of order sought by the defendant.
4 By document lodged at the Registry of the General Court on 9 February 2011, Fertilizers Europe applied for leave to intervene in the present proceedings in support of the form of order sought 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. In the present case, the defendant applied for the costs to be borne by the applicant.
6 The case will therefore be removed from the register and the applicant ordered to pay the costs.
7 In those circumstances, there is no need to adjudicate on the applications for leave to intervene made by the European Commission and by Fertilizers Europe.
On those grounds,
THE PRESIDENT OF THE FIRST CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-234/08 is removed from the register of the General Court.
2. There is no need to adjudicate on the applications for leave to intervene made by the European Commission and by Fertilizers Europe.
3. The applicant shall bear the costs.
Luxembourg, 11 November 2013.