ORDER OF THE PRESIDENT
OF THE THIRD CHAMBER OF THE GENERAL COURT
6 July 2021 (*)
(Partial removal from the register)
In Case T-330/20,
ACMO Sàrl, established in Luxembourg (Luxembourg) and the other applicants whose names appear in the annex (1), represented by T. Soames and N. Chesaites, lawyers, and R. East, Solicitor,
applicants,
v
Single Resolution Board (SRB), represented by J. King, E. Muratori, L. Forestier and M. Sagrario Fernández Rupérez, acting as Agents, and by H.-G. Kamann, F. Louis, V. Del Pozo Espinosa De Los Monteros and L. Hesse, lawyers,
defendant,
supported by
Kingdom of Spain, represented by J. Rodríguez de la Rúa Puig, acting as Agent,
intervener,
APPLICATION under Article 263 TFEU seeking annulment of Decision SRB/EES/2020/52 of the Single Resolution Board of 17 March 2020 determining whether compensation needs to be granted to the shareholders and creditors in respect of which the resolution actions concerning Banco Popular Español, SA have been effected.
1 By letter lodged at the Court Registry on 24 March 2021, the applicant PIMCO Cayman SPC Ltd: PIMCO Cayman Unconstrained Bond SP informed the Court, in accordance with Article 125 of the Rules of Procedure of the General Court, that it wished to discontinue proceedings. It sought no order as to costs.
2 By letter lodged at the Court Registry on 30 March 2021, the Single Resolution Board (SRB) informed the Court that it took note of the partial discontinuance and requested, pursuant to Article 136(1) of the Rules of Procedure, that PIMCO Cayman SPC Ltd: PIMCO Cayman Unconstrained Bond SP be ordered to pay its own costs and those incurred by the Single Resolution Board.
3 By letter lodged at the Court Registry on 31 March 2021, the Kingdom of Spain informed the Court that it had no observations to make on the partial discontinuance. It sought no order as to 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 Article 138(1) of the Rules of Procedure provides that the Member States which have intervened in the proceedings shall bear their own costs.
6 Accordingly, the name of PIMCO Cayman SPC Ltd: PIMCO Cayman Unconstrained Bond SP shall be removed from the list of applicants and that withdrawing party shall be ordered to bear its own costs and those incurred by the SRB as a result of this withdrawal.
7 The Kingdom of Spain shall bear its own costs.
On those grounds,
THE PRESIDENT OF THE THIRD CHAMBER OF THE GENERAL COURT
hereby orders:
1. The name of the applicant PIMCO Cayman SPC Ltd: PIMCO Cayman Unconstrained Bond SP is removed from the list of applicants in Case T‑330/20.
2. PIMCO Cayman SPC Ltd: PIMCO Cayman Unconstrained Bond SP shall bear its own costs and those incurred by the Single Resolution Board (SRB) as a result of this withdrawal.
3. The Kingdom of Spain shall bear its own costs.
Luxembourg, 6 July 2021.