ORDER OF THE PRESIDENT OF THE EIGHTH CHAMBER OF THE GENERAL COURT
18 January 2024 (*)
(Removal from the Register)
In Case T-514/18,
Antonio Del Valle Ruíz, residing in Mexico City (Mexico), and the other applicants whose names are indicated in the annex(1) represented by J. Pobjoy, Barrister, B. Kennelly, Senior Counsel, and S. Walker, Solicitor,
applicants,
v
Single Resolution Board (SRB), represented by A. Lapresta Bienz, H. Ehlers, M. Fernández Rupérez and J. Rius Riu, acting as Agents,
defendant,
supported by
Banco Santander SA, established in Santander (Spain), represented by J. Rodríguez Cárcamo and A. Rodríguez Conde, lawyers,
and
European Commission, represented by C. Ehrbar, A. Steiblytė, P. Němečková and L. Flynn, acting as Agents,
interveners,
1 By its action under Article 263 TFEU, the applicants, Antonio Del Valle Ruíz and Others, seek the annulment of the decision of the Single Resolution Board (SRB) Appeal Panel of 19 June 2018, in Case 48/2017, concerning a refusal of access to certain documents concerning the adoption of a resolution scheme in respect of Banco Popular Español, SA.
2 By letter lodged at the Court Registry on 7 November 2023, 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. They requested to be liable only for the reasonable costs of the defendant and submit that it would not be fair or justified for them to bear the costs of any of the intervening parties in circumstances where their written pleadings largely duplicated those filed by the defendant.
3 By letter lodged at the Court Registry on 13 November 2023, the European Commission informed the Court that, pursuant to Article 136(1) of the Rules of Procedure, the applicants should be ordered to bear their own costs and to pay those incurred by the European Commission, and that there is no justification within the meaning of Article 136(2) of the Rules of Procedure for imposing costs on the European Commission.
4 By letter lodged at the Court Registry on 21 November 2023, Banco Santander SA informed the Court that, although it is aware that Article 138(3) of the Rules of Procedure allows the General Court to order Banco Santander to bear its own costs, it considers that the applicants should be ordered to bear their own costs and to pay those of Banco Santander.
5 By letter lodged at the Court Registry on 24 November 2023, the defendant, the SRB, informed the Court that, in accordance to Article 136(1) of the Rules of Procedure, the applicants should be ordered to bear their own costs and to pay those incurred by the SRB.
6 Article 136(1) and (2) of the Rules of Procedure provides that a party who discontinues or withdraws from proceedings is to be ordered to pay the costs if they have been applied for in the other party’s observations on the discontinuance. However, at the request of the party who discontinues or withdraws from proceedings, the costs are to be borne by the other party if this appears justified by the conduct of that party.
7 Under Article 138(1) of the Rules of Procedure, the institutions which have intervened in the proceedings, are to bear their own costs.
8 In the present case, the information in the case file shows, firstly, that the applicants are willing to pay the defendant’s costs and does not show, secondly, a conduct on the part of Banco Santander such as to justify ordering the latter to pay the costs.
9 The case shall therefore be removed from the Register and the applicants, Antonio Del Valle Ruíz and Others, ordered to pay the costs incurred by the defendant and those incurred by Banco Santander. The Commission shall bear its own costs.
On those grounds,
THE PRESIDENT OF THE EIGHTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-514/18 is removed from the Register of the General Court.
2. Antonio Del Valle Ruíz and Others shall pay the costs of the Single Resolution Board (SRB) and of Banco Santander SA.
3. The European Commission shall bear its own costs.
Luxembourg, 18 January 2024.