ORDER OF THE PRESIDENT
OF THE FOURTH CHAMBER OF THE GENERAL COURT
26 February 2018 (*)
(Removal from the register)
In Case T‑688/13,
Deloitte Consulting CVBA, established in Diegem (Belgium), represented initially by K. de hornois and N. Korogiannakis and subsequently by K. de hornois, N. Korogiannakis and M. van Schel, lawyers,
applicant,
v
European Commission, represented initially by L. Di Paolo and S. Lejeune, acting as Agents, assisted by J. Stuyck and A.‑M. Vandromme, lawyers, subsequently by L. Di Paolo, assisted by J. Stuyck and A.‑M. Vandromme, and lastly by L. Di Paolo and A. Katsimerou, acting as Agents, assisted by J. Stuyck,
defendant,
supported by
PricewaterhouseCoopers EU Services EESV, established in Sint-Stevens-Woluwe (Belgium),
Everis Spain SLU, established in Madrid (Spain),
represented initially by H. Gilliams and T. Baumé, lawyers, and subsequently by H. Gilliams and L. Goossens, lawyers,
interveners,
APPLICATION for annulment of the decision of the European Commission of 15 October 2013 adopted in the context of tender procedure DIGIT/R2/PO/2013/004 concerning information and communication technology advice, benchmarking and consulting services (ABC III) (OJ 2013/S 65-108242) to classify the offer submitted by the applicant in fourth place according to a cascade mechanism and to award the contract to the tenderer ranked first and, in addition, damages in respect of the harm alleged to have been caused by that decision.
1 By letter lodged at the Court Registry on 28 November 2017, the applicant informed the Court in accordance with Article 125 of the Rules of Procedure of the General Court that it wished to discontinue proceedings and requested that the costs be ordered according to Articles 136 and 138 of the Rules of Procedure.
2 By letter lodged at the Court Registry on 12 December 2017, the interveners informed the Court that they do not object to the applicant’s request to discontinue the proceedings and requested, pursuant to Article 136(1) of the Rules of Procedure, that the applicant be ordered to pay the costs.
3 By letter lodged at the Court Registry on 13 December 2017, the defendant requested, pursuant to Article 136(1) of the Rules of Procedure, that the applicant be ordered to pay the costs.
4 Article 136(1) of the Rules of Procedure provides that a party who discontinues or withdraws from proceedings is to be ordered to pay the costs if they have been applied for in the other party’s observations on the discontinuance.
5 The case shall therefore be removed from the register and the applicant ordered to bear its own costs and to pay those incurred by the defendant and the interveners.
On those grounds,
THE PRESIDENT OF THE FOURTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T‑688/13 is removed from the register of the General Court.
2. Deloitte Consulting CVBA shall bear its own costs and pay those incurred by the European Commission and by PricewaterhouseCoopers EU Services EESV and Everis Spain SLU.
Luxembourg, 26 February 2018.