ORDER OF THE PRESIDENT OF THE SIXTH CHAMBER OF THE GENERAL COURT
13 June 2013(1)
(Removal from the register)
In Case T-94/11,
AU Optronics Corp., established in Hsinchu (Taiwan), represented by B. Hartnett, Barrister and O. Geiss, lawyer,
applicant,
v
European Commission, represented by P.J.O. Van Nuffel and F. Ronkes Agerbeek, acting as Agents, assisted by S. Kingston, Barrister,
defendant,
APPLICATION for partial annulment of Commission Decision C (2010) 8761 final of 8 December 2010, relating to a proceeding pursuant to Article 101 [TFEU] and Article 53 of the EEA Agreement (Case COMP/39.309 – LCD – Liquid Crystal Displays) and, in the alternative, for a substantial reduction of the fine imposed on the applicant by that decision.
1 By letter lodged at the Registry of the General Court on 15 May 2013, 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 23 May 2013, the defendant informed the Court that it has no comments on the application for discontinuance and requested, pursuant to Article 87(5) of the Rules of Procedure, that the applicant be ordered to pay the costs.
3 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.
4 The case will therefore be removed from the register and the applicant ordered to pay the costs.
On those grounds,
THE PRESIDENT OF THE SIXTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-94/11 is removed from the register of the General Court.
2. The applicant shall bear the costs.
Luxembourg, 13 June 2013.