ORDER OF THE PRESIDENT OF THE NINTH CHAMBER OF THE GENERAL COURT
15 April 2024 (*)
(Partial removal from the Register)
In Case T-247/23,
Maud Tea & Seed Company Ltd, established in Kolkata (India),
Fresh Produce Consortium of Kenya Ltd, established in Nairobi (Kenya),
represented by D. Waelbroeck and I. Antypas, lawyers,
applicants,
v
European Commission, represented by F. Castilla Contreras, J. Norris and M. ter Haar, acting as Agents,
defendant,
1 By their action under Article 263 TFEU, the applicants, Maud Tea & Seed Company Ltd and Fresh Produce Consortium of Kenya Ltd seek the annulment of Commission Regulation (EU) 2023/334 of 2 February 2023 amending Annexes II and V to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for clothianidin and thiamethoxam in or on certain products (OJ 2023, L 47, p. 29) (‘the contested regulation’), in its entirety, or alternatively, the annulment of the contested regulation in so far as it lowers the maximum residue level for clothianidin and thiamethoxam in or on teas and fresh fruit and vegetables.
2 By letter lodged at the Court Registry on 31 January 2024, the applicants’ representatives informed the Court, in accordance with Article 125 of the Rules of Procedure of the General Court, that Fresh Produce Consortium of Kenya Ltd wished to discontinue proceedings. They did not seek a form of order as to the costs.
3 By letter lodged at the Court Registry on 22 February 2024, the defendant informed the Court that it took notice of the wish by Fresh Produce Consortium of Kenya Ltd to withdraw from proceedings and requested, pursuant to Article 136(1) of the Rules of Procedure, that the applicants be ordered to pay the costs.
4 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.
5 Accordingly, the name of Fresh Produce Consortium of Kenya Ltd shall be removed from the list of applicants and the withdrawing party shall be ordered to bear its own costs and those incurred by the defendant.
On those grounds,
THE PRESIDENT OF THE NINTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. The name of Fresh Produce Consortium of Kenya Ltd is removed from the list of applicants in Case T‑247/23.
2. Fresh Produce Consortium of Kenya Ltd shall bear its own costs and pay those of the defendant.
Luxembourg, 15 April 2024.