ORDER OF THE PRESIDENT OF THE THIRD CHAMBER OF THE GENERAL COURT
10 December 2012 (1)
(Removal from the register)
In Case T-210/12,
Viasat Broadcasting UK Ltd, established in West Drayton, Middlesex (United Kingdom), represented by S. E. Kalsmose-Hjelmborg and M. Honoré, lawyers,
applicant,
v
European Commission, represented by L. Flynn and B. Stromsky, acting as Agents,
defendant,
supported by
TV/Danmark A/S, established in Odense (Denmark), represented by O. G. Koktvedgaard, lawyer,
and by
Kingdom of Denmark, represented by J. V. Pasternak, acting as Agent,
interveners,
ANNULMENT of Commission Decision 2012/109/EU of 20 April 2011 (notified under document C(2011) 2614) declaring the aid which Denmark intends to implement regarding the restructuring of TV2 Danmark A/S (State aid C 19/09 - ex N 64/09) to be compatible with the internal market, subject to compliance with certain conditions (OJ 2012 L 50, p. 21).
1 By letter lodged at the Registry of the General Court on 7 November 2012, 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 13 November 2012, the defendant informed the Court that it has no observations to make on that application for discontinuance. It requested that the costs be paid by the applicant pursuant to the first sentence of Article 87(5) of the Rules of Procedure of the General Court.
3 By letter lodged at the Registry of the Court on 27 November 2012, the intervener, TV2/Danmark A/S, informed the Court that it has no objections on the application for discontinuance. It requested that the applicant be ordered to pay the costs incurred by the TV2/Danmark A/S.
4 The intervener, the Kingdom of Denmark, did not lodge any observations on the application for discontinuance within the prescribed time-limit.
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. In the present case, the defendant and the intervener, TV2/Danmark A/S, requested that the applicant be ordered to pay their costs.
6 In addition, the first subparagraph of 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 applicant ordered to pay its own costs, as well as those incurred by the defendant and the intervener, TV2/Danmark A/S, whereas the intervener, the Kingdom of Denmark, shall bear its own costs.
On those grounds,
THE PRESIDENT OF THE THIRD CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-210/12 is removed from the register of the General Court.
2. The applicant shall bear its own costs, as well as those incurred by the defendant and the intervener, TV2/Danmark A/S.
3. The intervener, the Kingdom of Denmark, shall bear its own costs.
Luxembourg, 10 December 2012.