ORDER OF THE PRESIDENT
OF THE NINTH CHAMBER OF THE GENERAL COURT
7 February 2024 (*)
(Removal from the Register)
In Case T‑356/23,
Axima Concept, established in Courbevoie (France),
Ineo Nucléaire, established in Lyon (France),
and
Exyte France, established in Aix-en-Provence (France),
represented by S. Saif, P.-E. Partsch and P. Paschalidis, lawyers,
applicants,
v
European Joint Undertaking for ITER and the Development of Fusion Energy, represented by C. Nairac, L. De Ferrari, D. Kondev, J. Huet, J. Killick and G. Forwood, lawyers, and by N. Forwood, Barrister-at-Law,
defendant,
1 By their action under Article 272 TFEU, the applicants, Axima Concept, Ineo Nucléaire and Exyte France, request that the European Joint Undertaking for ITER and the Development of Fusion Energy be ordered to compensate them for the costs incurred and the damages suffered pursuant to contract No F4E-OPE-30.
2 By letter lodged at the Court Registry on 3 January 2024, the applicants informed the Court, in accordance with Article 125 of the Rules of Procedure of the General Court, that they wished to discontinue proceedings and that the question of costs had been the subject of an agreement between the parties, according to which each party shall bear its own costs.
3 By letter lodged at the Court Registry on 3 January 2024, the defendant confirmed to the Court that the parties have reached an out-of-court settlement of their dispute according to which each party shall bear its own costs.
4 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.
5 The case shall therefore be removed from the Register and the order for costs shall be as agreed between the parties.
On those grounds,
THE PRESIDENT OF THE NINTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T‑356/23 is removed from the Register of the General Court.
2. Each party shall bear its own costs.
Luxembourg, 7 February 2024.