ORDER OF THE PRESIDENT OF THE SIXTH CHAMBER OF THE GENERAL COURT
5 December 2014 (1)
(Removal from the register)
In Case T-547/12,
TEVA Pharma BV and Teva Pharmaceuticals Europe BV, established in Utrecht (Netherlands), represented by K.M. Bacon QC, D.P.C. Piccinin, Barrister, G.E. Morgan and C.M. Drew, Solicitors,
applicants,
v
European Medicines Agency (EMA), represented by T. Jabłoński and G. Gavriilidou, acting as Agents,
defendant,
supported by
European Commission, represented by P. Mihaylova, M. Šimerdová and E.L. White, acting as Agents,
by
ViiV Healthcare UK Ltd, established in Brentford (United Kingdom), represented by J.L. Stratford QC, I.C. Dodds-Smith and J. Mulryne, Solicitors,
by
European Federation of Pharmaceutical Industries and Associations (EFPIA), established in Geneva (Switzerland), represented by C. Schoonderbeek, lawyer,
and by
European Confederation of Pharmaceutical Entrepreneurs AISBL (EUCOPE), established in Brussels (Belgium), represented by M.O. Meulenbelt, lawyer,
interveners,
ACTION for annulment of the decision of the European Medicines Agency (EMA) of 26 November 2012 concerning the non-validation of the application for a marketing authorisation for the generic version of the fixed-dose combination medicinal product Kivexa, containing the active substances abacavir and lamivudine, used for the treatment of the human immunodeficiency virus,
1 By letter lodged at the Registry of the General Court on 29 October 2014, 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 each of the parties to the proceedings be ordered to pay its own costs.
2 By letter lodged at the Registry of the Court on 17 November 2014, the defendant informed the Court that it had no observations on the application for discontinuance, and requested, pursuant to Article 87(5) of the Rules of Procedure, that the applicant be ordered to pay the costs incurred by the defendant.
3 By letter lodged at the Registry of the Court on 17 November 2014, the intervener, European Commission, informed the Court that it had no observations on the application for discontinuance, and pursuant to Article 87(4) of the Rules of Procedure the European Commission will bear its own costs.
4 By letter lodged at the Registry of the Court on 17 November 2014, the intervener, ViiV Healthcare UK Ltd, submitted to the Court its observations on the discontinuance, and requested, pursuant to Articles 87(4) and (5) of the Rules of Procedure, that the applicant be ordered to pay the costs incurred by the intervener.
5 By letter lodged at the Registry of the Court on 17 November 2014, the intervener, European Federation of Pharmaceutical Industries and Associations (EFPIA), submitted to the Court its observations on the discontinuance, and requested, pursuant to Articles 87(4) and (5) of the Rules of Procedure, that the applicant be ordered to pay the costs incurred by the intervener.
6 By letter lodged at the Registry of the Court on 17 November 2014, the intervener, European Confederation of Pharmaceutical Entrepreneurs AISBL (EUCOPE), submitted to the Court its observations on the discontinuance, and requested, pursuant to Article 87(5) of the Rules of Procedure, that the applicant be ordered to pay the costs incurred by the intervener.
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. 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 case-file does not show conduct on the part of the other parties such as to justify ordering the latters to pay the costs.
8 Under Article 87(4) of the Rules of Procedure the institutions which intervened in the proceedings are to bear their own costs.
9 The case will therefore be removed from the register and the applicants ordered to pay their own costs, the costs incurred by the defendant as well as those incurred by the interveners, ViiV Healthcare UK Ltd, EFPIA and EUCOPE. The intervener, European Commission shall bear its own costs.
On those grounds,
THE PRESIDENT OF THE SIXTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-547/12 is removed from the register of the General Court.
2. The applicants shall bear their own costs, the costs incurred by the defendant as well as those incurred by the interveners, ViiV Healthcare UK Ltd, EFPIA and EUCOPE.
3. The intervener, European Commission, shall bear its own costs.
Luxembourg, 5 December 2014.
E. Coulon | | S. Frimodt Nielsen |