ORDER OF THE PRESIDENT OF THE FOURTH CHAMBER OF THE GENERAL COURT
29 June 2015(1)
(Removal from the register)
In Case T-73/13,
InterMune UK Ltd, established in London (United Kingdom),
InterMune, Inc., established in Brisbane (United States),
InterMune International AG, established in Muttenz (Switzerland),
represented by I. Dodds-Smith and A. Williams, Solicitors, T. de la Mare QC, and F. Campbell, Barrister,
applicants,
supported by
European Confederation of Pharmaceutical Entrepreneurs (Eucope), established in Brussels (Belgium), represented by F. Louis and P. Gey, lawyers,
intervener,
v
European Medicines Agency (EMA), represented by T. Jabłoński, N. Rampal Olmedo and A. Spina, acting as Agents,
defendant,
supported by
French Republic, represented by D. Colas, F. Fize and F. Gloaguen, acting as Agents,
Portuguese Republic, represented by L. I. Fernandes and A. P. Antunes, acting as Agents,
Bureau européen des unions de consommateurs (BEUC), established in Brussels, represented by S. Pappas, lawyer,
interveners,
APPLICATION for annulment of Decision EMA/24685/2013 of 15 January 2013, granting a third party access to certain documents containing information submitted as part of an application for authorisation to place the medicinal product Esbriet on the market, pursuant to Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L 145, p. 43), inasmuch as that information is not yet within the public domain.
1 By letter lodged at the Registry of the General Court on 30 March 2015, the applicants informed the Court, in accordance with Article 99 of the Rules of Procedure, that they wished to discontinue proceedings. They sought no order as to costs.
2 By letter lodged at the Registry of the Court on 1 April 2015, the intervener, the Portuguese Republic, informed the Court that it had no observations on the discontinuance. It sought no order as to costs.
3 By letter lodged at the Registry of the Court on 8 April 2015, the defendant informed the Court that it had no observations on the discontinuance and requested, pursuant to Article 87(5) of the Rules of Procedure, that the applicants be ordered to pay the costs.
4 By letter lodged at the Registry of the Court on 14 April 2015, the intervener, the Bureau européen des unions de consommateurs (BEUC), informed the Court that it had no observations on the discontinuance and requested, pursuant to Article 87(5) of the Rules of Procedure, that the applicants be ordered to pay the costs.
5 By letter lodged at the Registry of the Court on 15 April 2015, the intervener, the European Confederation of Pharmaceutical Entrepreneurs (EUCOPE), informed the Court that it had no observations on the discontinuance. It sought no order as to costs.
6 The intervener, the French Republic, did not lodge observations on the discontinuance.
7 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.
8 Furthermore, the third subparagraph of Article 87(5) of the Rules of Procedure provides that, where proceedings are discontinued and costs are not applied for, the parties are to bear their own costs.
9 Finally, under Article 87(4) of the Rules of Procedure, the Member States which intervened in the proceedings are to bear their own costs.
10 By orders of 25 April 2013 in InterMune UK and Others v EMA (T‑73/13 R, EU:T:2013:222), of 28 November 2013 in EMA v InterMune UK and Others (C‑390/13 P(R), EU:C:2013:795) and of 21 May 2014 in InterMune UK and Others v EMA (T‑73/13 R‑RENV, EU:T:2014:294), relating to the application for interim measures lodged by the applicant on 11 February 2013, the decision as to costs was reserved. It is therefore appropriate to rule in the present order on the costs relating to all procedures concerning the application for interim measures in accordance with Article 121 of the Rules of Procedure.
11 The case will therefore be removed from the register and the applicants ordered to pay their own costs and those incurred by the defendant, including those incurred in relation to all procedures concerning the application for interim measures. The applicants shall further be ordered to pay the costs incurred by the intervener, the Bureau européen des unions de consommateurs (BEUC). The intervener, the European Confederation of Pharmaceutical Entrepreneurs (EUCOPE), shall be ordered to pay its own costs, including those incurred in relation to all procedures concerning the application for interim measures. The interveners, the French Republic and the Portuguese Republic, shall be ordered to pay their own costs.
On those grounds,
THE PRESIDENT OF THE FOURTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-73/13 is removed from the register of the General Court.
2. The applicants shall bear their own costs and those of the defendant, including those incurred in relation to all procedures concerning the application for interim measures. The applicants shall further bear the costs of the intervener, the Bureau européen des unions de consommateurs (BEUC).
3. The intervener, the European Confederation of Pharmaceutical Entrepreneurs (EUCOPE), shall bear its own costs, including those incurred in relation to all procedures concerning the application for interim measures.
4. The interveners, the French Republic and the Portuguese Republic, shall bear their own costs.
Luxembourg, 29 June 2015.