ORDER OF THE PRESIDENT
OF THE FIRST CHAMBER OF THE GENERAL COURT
5 May 2021 (*)
(Removal from the register)
In Case T-188/18,
Adonis Papaconstantinou, residing in Nicosia (Cyprus), and the other applicants whose names appear in the annex, (1) represented by A. Markides, M. Ioannides, C. Velaris and C. Velaris, lawyers, A. Robertson QC and G. Rothschild, Barrister,
applicants,
v
Council of the European Union, represented by E. Chatziioakeimidou and A. Westerhof Löfflerová, acting as Agents,
European Commission, represented by L. Flynn and T. Maxian Rusche, acting as Agents,
European Central Bank (ECB), represented by O. Heinz, P. Papapaschalis and M. Szablewska, acting as Agents, and H.‑G. Kamann, lawyer,
Eurogroup, represented by the Council of the European Union,
and
European Union, represented by the European Commission,
defendants,
ACTION under Article 268 TFUE seeking compensation for damage allegedly suffered by the applicants as a result of acts taken in the context of “Eurogroup decisions ([Cyprus Popular Bank Public Co Ltd] resolution/ [Bank of Cyprus Public Company Limited] bail-in/sale of assets and business of the said Banks in Greece) and/or […] of the provision of Emergency Liquidity Assistance […] to Cyprus Popular Bank Public Co Ltd with the consent of the European Central Bank […] and the subsequent transfer at the direction of the ECB of the relevant liability to Bank of Cyprus Public Company Limited”.
1 By letter lodged at the Court Registry on 1 March 2021, the applicants informed the Court, in accordance with Article 125 of the Rules of Procedure of the General Court, that they wished to discontinue proceedings. They sought no order as to costs.
2 By letter lodged at the Court Registry on 2 March 2021, the European Commission informed the Court that it took note of the withdrawal of the case by the applicants and that the question of costs had been the subject of an agreement between the Commission and the applicants whereby they will each bear their own costs.
3 By letter lodged at the Court Registry on 8 March 2021, the Council of the European Union informed the Court that it had no observations to make on the discontinuance of the proceedings and that it did not oppose it. It sought no order as to costs.
4 By letter lodged at the Court Registry on 11 March 2021, the European Central Bank (ECB) informed the Court that it welcomed the withdrawal and requested, pursuant to Article 136 of the Rules of Procedure, that the applicants be ordered to pay the costs of the proceedings.
5 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.
6 Article 136(3) of the Rules of Procedure provides that where the parties have come to an agreement on costs, the decision as to costs shall be in accordance with that agreement.
7 Article 136(4) of the Rules of Procedure provides that, where proceedings are discontinued, if costs are not claimed, the parties are to bear their own costs.
8 Accordingly, the case shall be removed from the register and the applicants ordered to bear their own costs and those incurred by the ECB.
9 The Council and the Commission are to bear their own costs.
On those grounds,
THE PRESIDENT OF THE FIRST CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-188/18 is removed from the register of the General Court.
2. Adonis Papaconstantinou and the other applicants whose names appear in the annex shall bear their own costs and those incurred by the European Central Bank.
3. The European Commission and the Council of the European Union shall bear their own costs.
Luxembourg, 5 May 2021.