ORDER OF THE PRESIDENT
OF THE FIRST CHAMBER OF THE GENERAL COURT
25 July 2016(*)
(Removal from the register)
In Case T-465/11 RENV,
Moravia Gas Storage a.s., formerly Globula a.s., established in Hodonín (Czech Republic), represented by P. Zákoucký, M. Petite, D. Paemen, A. Tomtsis, D. Koláček and V. Kinclová, lawyers,
applicant,
supported by
Czech Republic, represented by M. Smolek, T. Müller, and J.Vláčil acting as Agents,
intervener,
v
European Commission, represented by O. Beynet and T. Scharf, acting as Agents,
defendant,
APPLICATION for the annulment of Commission Decision C(2011) 4509 of 27 June 2011 on the exemption of an Underground Gas Storage Facility in Dambořice from the internal market rules on third party access.
1 By letter lodged at the Court Registry on 1 July 2016, the applicant informed the Court in accordance with Article 125 of the Rules of Procedure of the General Court that it wished to discontinue proceedings. It sought no order as to costs.
2 By letter lodged at the Court Registry on 7 July 2016, the defendant informed the Court that it had no objections on the discontinuance and submitted that the applicant should be ordered to bear the costs of the proceedings.
3 Article 136(1) 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.
4 Under Article 138(1) of the Rules of Procedure, the Member States which have intervened in the proceedings are to bear their own costs.
5 The case shall therefore be removed from the register and the applicant ordered to bear its own costs and to pay the costs of the defendant. The intervener is to bear its own costs.
On those grounds,
THE PRESIDENT OF THE FIRST CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-465/11 RENV is removed from the register of the General Court.
2. Moravia Gas Storage a.s. shall bear its own costs and pay the costs incurred by the Commission.
3. The Czech Republic shall bear its own costs.
Luxembourg, 25 July 2016.