ORDER OF THE PRESIDENT
OF THE NINTH CHAMBER OF THE GENERAL COURT
30 November 2015 (*)
(Removal from the register)
In Case T-101/13,
Aer Lingus Ltd, established in Dublin (Ireland), represented by D. Piccinin, Barrister, A.J. Burnside and D. Boyle, Solicitors and M. De Backer, lawyer,
applicant,
v
European Commission, represented by A. Biolan, N. Khan and C. Vollrath, acting as Agents,
defendant,
supported by
Virgin Atlantic Airways Ltd, established in Crawley (United Kingdom), represented by K. Dietzel and K. Fountoukakos-Kyriakakos, Solicitors,
intervener,
Application for the annulment of the decision of the European Commission of 14 November 2012 on the assessment of the viability of Applicants and evaluation of their formal bids pursuant to Clause 1.4.9 of the Commitments attached to the Commission Decision of 30 March 2012 declaring a concentration compatible with the common market and the EEA Agreement (Case COMP/M.6447 - IAG/bmi) following the Monitoring Trustee’s opinion of 29 October 2012 – Summer 2013 IATA Season.
1 By letter lodged at the Court Registry on 21 September 2015, 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, pursuant to Article 136(3) of the Rules of Procedure, that the intervener be ordered to pay its own costs.
2 By letter lodged at the Court Registry on 9 October 2015, the defendant informed the Court that it had no comments on the application for discontinuance and requested, pursuant to Article 136 of the Rules of Procedure, that the applicant be ordered to pay the defendant’s costs.
3 By letter lodged at the Court Registry on 19 October 2015, the intervener informed the Court that it had no comments on the application for discontinuance and requested, pursuant to Article 136(3) of the Rules of Procedure, that it will bear its own costs.
4 Article 136(1) and (2) 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. However, at the request of the party who discontinues or withdraws from proceedings, the costs are to be borne by the other party if this appears justified by the conduct of that party.
5 Article 136(3) of the Rules of Procedure provides that, where proceedings are discontinued and the parties have come to an agreement on costs, the order for costs is to be in accordance with that agreement.
6 The case shall therefore be removed from the register and the applicant ordered to pay its own costs and the defendant’s costs.
7 The intervener is ordered to bear its own costs as agreed between the parties.
On those grounds,
THE PRESIDENT OF THE NINTH CHAMBER OF THE GENERAL COURT
hereby orders:
1) Case T-101/13 is removed from the register of the General Court.
2) The applicant is ordered to pay its own costs and the defendant’s costs.
3) The intervener is ordered to bear its own costs.
Luxembourg, 30 November 2015.