ORDER OF THE PRESIDENT OF THE SECOND CHAMBER OF THE GENERAL COURT
20 September 2012 (1)
(Removal from the register)
In Case T-452/11,
Western Digital Corp., established in Dover (Delaware, United States), and
Western Digital Ireland, Ltd, established in George Town (Cayman Islands), represented F. E. González Díaz, lawyer, and P. Stuart, Barrister,
applicants,
v
European Commission, represented by M. Kellerbauer and S. Noë, acting as Agents,
defendant,
PARTIAL annulment of Commission Decision C (2011) 3927 final of 30 May 2011, pursuant to Article 6(1)(c) of Council Regulation (EEC) No 139/2004, to initiate the procedure to verify compatibility with the common market of the notified concentration seeking acquisition of control of Viviti Technologies Ltd, formerly Hitachi Global Storage Technologies Holdings Ltd, by Western Digital Corporation [Case COMP/M.6203 – Western Digital Ireland/Viviti Technologies (OJ 2004 C 165, p. 3)].
1 By letter lodged at the Registry of the General Court on 28 August 2012, the applicants informed the Court in accordance with Article 99 of the Rules of Procedure that they wished to discontinue proceedings and requested, pursuant to Article 87(5) of the Rules of Procedure, that the defendant be ordered to bear its own costs.
2 By letter lodged at the Registry of the Court on 5 September, the defendant informed the Court that it has no comments on the application for discontinuance and requested the Court to order the applicants 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. However, upon application by the party who discontinues or withdraws from proceedings, the costs shall be borne by the other party if this appears justified by the conduct of that party. In the present case, the Court sees no justification for the request of the applicants, pursuant to which the defendant shall be ordered to bear its own costs.
4 The case will therefore be removed from the register and the applicants ordered to pay the costs.
On those grounds,
THE PRESIDENT OF THE SECOND CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-452/11 is removed from the register of the General Court.
2. The applicants shall bear the costs.
Luxembourg, 20 September 2012.