ORDER OF THE PRESIDENT OF THE SEVENTH CHAMBER OF THE GENERAL COURT
24 March 2011 (1)
(Removal from the register)
In Case T-370/08,
Alpiq Csepel Erömü Korlátolt Felelösségü Társaság, formerly Csepeli Áramtermelő kft, established in Budapest (Hungary), represented by Á. Máttyus, K. Ferenczi, B. van de Walle de Ghelcke, T. Franchoo and D. Fessenko, lawyers,
applicant,
supported by
Budapesti Erőmű Zártkörűen Működő Részvénytársaság (‘BERT’), established in Budapest (Hungary), represented by M. Powell, Solicitor and T. Gönczöl and A. Hegyi, lawyers,
intervener,
v
European Commission, represented by L. Flynn, N. Khan and K. Talabér-Ritz, acting as Agents,
defendant,
ACTION for annulment of the Commission’s decision of 4 June 2008 declaring incompatible with the common market the aid granted by the Hungarian authorities to certain electricity generators in the form of long-term power purchase agreements concluded, prior to the accession of the Republic of Hungary to the European Union, between the network operator Magyar Villamos Művek (MVM), owned by the Hungarian State, and certain electricity generators (State Aid C 41/2005 (ex NN 49/2005) – Hungarian ‘Stranded costs’).
1 By letter lodged at the Registry of the General Court on 28 January 2011, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure that it wished to discontinue proceedings. It sought no order as to costs.
2 By letter lodged at the Registry of the Court on 4 March 2011, the defendant informed the Court that it had no observations to make concerning the discontinuance of the proceedings and requested the applicant to be ordered to bear the costs.
3 By letter lodged at the Registry of the Court on 10 March 2011, the intervener informed the Court that it had no objections to the discontinuance of the proceedings and requested the applicant to be ordered to bear the intervener’s costs.
4 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 and the intervener applied for costs to be borne by the applicant.
5 The case will therefore be removed from the register and the applicant ordered to pay the costs.
On those grounds,
THE PRESIDENT OF THE SEVENTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-370/08 is removed from the register of the General Court.
2. The applicant shall bear the costs.
Luxembourg, 24 March 2011.