Language of document : ECLI:EU:T:2008:590

ORDER OF THE PRESIDENT OF THE SIXTH CHAMBER OF
THE COURT OF FIRST INSTANCE

17 December 2008 (*)

(Removal from the register)

In Case T-324/07,

Gerry Plant, residing in Varteg Pontypool (United Kingdom),

Mary Gathleen Plant, residing in Varteg Pontypool,

Dennis Jones, residing in Crynant (United Kingdom),

William Meyrick, residing in Swansea (United Kingdom),

J. G. Evans, residing in Ammanford (United Kingdom),

David Vivian Austin, residing in Neath (United Kingdom),

D. Powell, residing in Neath,

James Rowland McCann, residing in Neath,

S. B. Diplock, residing in Neath,

John Phillips, residing in Neath,

Richard Thomas Kingston, residing in Swansea,

represented by W. Graham, Solicitor,

applicants,

v

Commission of the European Communities, represented by V. Di Bucci and J. Samnadda, acting as Agents,

defendant,

supported by

E.ON UK plc, established in Coventry (United Kingdom), represented by P. Lomas, Solicitor,

by

International Power plc, established in London (United Kingdom), represented by D. Anderson QC, M. Chamberlain, Barrister, S. Lister, and D. Harrison, Solicitors,

and by

United Kingdom of Great Britain and Northern Ireland, represented initially by E. Jenkinson, acting as Agent, and subsequently by C. Gibbs and V. Jackson, acting as Agents and J. Flynn QC,

interveners

APPLICATION for annulment of the decision of the Commission of
18 June 2007 (Case COMP/35.821) rejecting the complaint lodged by the applicant against the Central Electricity Generating Board (CEGB) relating to the discriminatory pricing practice allegedly used by the CEGB when purchasing coal for the production of electricity.


1        By letter lodged at the Registry of the Court of First Instance on
19 September 2008, the applicants informed the Court in accordance with Article 99 of the Rules of Procedure of the Court of First Instance that they wished to discontinue proceedings.

2        By letter lodged at the Registry of the Court on 20 November 2008, the defendant informed the Court that it had no objections to raise concerning the discontinuance of the proceedings. The defendant requested that, pursuant to Article 87(5) of the Rules of Procedure, the applicants be ordered to bear the costs.

3        By letter lodged at the Registry of the Court on 2 December 2008, the intervener, the United Kingdom of Great Britain and Northern Ireland, informed the Court that it had no objections to raise concerning the discontinuance of the proceedings. 

4        The interveners, E.ON UK plc and International Power plc, did not lodge any observations on the discontinuance of the proceedings.

5        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.

6        However, Article 87(4) of the Rules of Procedure provides that the Member States and institutions which intervened in the proceedings shall bear their own costs.

7        The case will therefore be removed from the register and the applicants shall be ordered to pay their own costs and those of the defendant as well as those of the interveners, E.ON UK plc and International Power plc. The United Kingdom shall bear its own costs.

On those grounds,

THE PRESIDENT OF THE SIXTH CHAMBER OF
THE COURT OF FIRST INSTANCE

hereby orders:

1.      Case T-324/07 is removed from the register of the Court of First Instance.

2.      The applicants shall bear their own costs and the costs incurred by the defendant and the interveners E.ON UK plc and International Power plc.

3.      The United Kingdom, intervener, shall bear its own costs.

Luxembourg, 17 December 2008.

E. Coulon

 

       A. W. H. Meij

Registrar

 

      President


* Language of the case: English.