Provisional text
ORDER OF THE PRESIDENT
OF THE SEVENTH CHAMBER OF THE GENERAL COURT
16 March 2017 (*)
(Removal from the register)
In Case T-225/13,
T & L Sugars Ltd, established in London (United Kingdom),
Sidul Açúcares, Unipessoal Lda, established in Santa Iria de Azóia (Portugal),
represented initially by D. Waelbroeck, lawyer, and D. Slater, Solicitor, and subsequently by D. Waelbroeck,
applicants,
v
European Commission, represented by P. Rossi and P. Ondrůšek, acting as Agents,
defendant,
(i) APPLICATION pursuant to Article 263 TFEU for annulment of Commission Implementing Regulations (EU) No 131/2013 of 15 February 2013 (OJ 2013 L 45, p. 1) and No 281/2013 of 22 March 2013 (OJ 2013 L 84, p. 19) laying down exceptional measures as regards the release of out-of-quota sugar and isoglucose on the Union market at reduced surplus levy during the 2012/2013 marketing year, of Commission Implementing Regulations (EU) No 194/2013 of 6 March 2013 (OJ 2013 L 64, p. 3) and No 332/2013 of 10 April 2013 (OJ 2013 L 102, p. 18) fixing an allocation coefficient for available quantities of out-of-quota sugar to be sold on the Union market at reduced surplus levy during the 2012/2013 marketing year, of Commission Implementing Regulation (EU) No 36/2013 of 18 January 2013 opening a standing invitation to tender for the 2012/2013 marketing year for imports of sugar of CN codes 1701 14 10 and 1701 99 10 at a reduced customs duty (OJ 2013 L 16, p. 7), of Commission Implementing Regulation (EU) No 67/2013 of 24 January 2013 on the minimum customs duty for sugar to be fixed in response to the first partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) No 36/2013 (OJ 2013 L 22, p. 9) and of Commission Implementing Regulation (EU) No 178/2013 of 28 February 2013 (OJ 2013 L 58, p. 3) on the minimum customs duty for sugar to be fixed in response to the second partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) No 36/2013, and (ii) action pursuant to Article 268 TFEU for damages.
1 By application lodged at the Court Registry on 12 April 2013, the applicants, T & L Sugars Ltd and Sidul Açúcares, Unipessoal Lda, brought the present action.
2 By order of 12 July 2013, the President of the Fifth Chamber stayed the proceedings in the present case until the General Court gave final ruling in Cases T‑279/11 and T‑103/12 T & L Sugars and Sidul Açúcares v Commission.
3 The proceedings in the present case were resumed on 29 November 2016 and, by letter lodged at the Court Registry on 20 January 2017, 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.
4 By letter lodged at the Court Registry on 8 February 2017, the defendant, the European Commission, requested, pursuant to Article 136(1) of the Rules of Procedure, that the applicants be ordered to pay the costs.
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 The case shall therefore be removed from the register and the applicants shall bear their own costs and those incurred by the Commission.
7 In those circumstances, there is no longer any need to adjudicate on the applications to intervene submitted by the Council of the European Union, SFIR – Società Fondiaria Industriale Romagnola SpA, SFIR Raffineria di Brindisi SpA and the Comité européen des fabricants de sucre (CEFS). Moreover, according to article 144(10) of the Rules of Procedure, if the proceedings in the main case are concluded before the application to intervene has been decided, the applicant for leave to intervene and the main parties shall each bear their own costs relating to the application to intervene.
On those grounds,
THE PRESIDENT OF THE SEVENTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-225/13 is removed from the register of the General Court.
2. There is no longer any need to adjudicate on the applications to intervene submitted by the Council of the European Union, SFIR – Società Fondiaria Industriale Romagnola SpA, SFIR Raffineria di Brindisi SpA and the Comité européen des fabricants de sucre (CEFS).
3. T & L Sugars Ltd and Sidul Açúcares, Unipessoal Lda shall bear their own costs and those incurred by the European Commission, relating to the main proceedings.
4. T & L Sugars, Sidul Açúcares, the Commission, the Council, SFIR, SFIR Raffineria di Brindisi and the CEFS shall each bear their own costs relating to the applications to intervene.
Luxembourg, 16 March 2017.