Order of the General Court of 18 October 2017 — United Parcel Service v Commission

(Case T-194/13 OST) ¹

(Article 165 of the Rules of Procedure — Failure to adjudicate — Intervention in support of the unsuccessful party — Costs associated with the intervention — Amendment of the form of order sought in the course of proceeding)

Language of the case: English

Parties

Applicant: United Parcel Service Inc. (Atlanta, Georgia, United States) (represented initially by A. Ryan, B. Graham, Solicitors, W. Knibbeler and P. Stamou, lawyers, and subsequently by A. Ryan, W. Knibbeler, P. Stamou, A. Pliego Selie, F. Hoseinian and P. van den Berg, lawyers)

Defendant: European Commission (represented initially by T. Christoforou, N. Khan, A. Biolan, N. von Lingen and H. Leupold, and subsequently by T. Christoforou, N. Khan, A. Biolan, and H. Leupold, acting as Agents)

Intervener in support of the defendant: FedEx Corp. (Memphis, Tennessee, United States) (represented initially by F. Carlin, Barrister, G. Bushell, Solicitor, and Q. Azau, lawyer, and subsequently by F. Carlin, G. Bushell and N. Niejahr, lawyers)

Re:

APPLICATION pursuant to Article 165 of the Rules of Procedure of the General Court.

Operative part of the order

Paragraph 223 of the judgment of 7 March 2017, United Parcel Service v Commission, T-194/13, EU:T:2017:144 is amended as follows: ‘Under Article 134(1) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party’s pleadings. Furthermore, under Article 134(2) of the Rules of Procedure, where there is more than one unsuccessful party the Court is to decide how the costs are to be shared. Since the Commission and the intervener have been unsuccessful, first, the Commission must be ordered to bear its own costs and to pay those incurred by the applicant, except the costs in connection with the intervention. Secondly, the intervener must be ordered to bear, in addition to its own costs, the applicant’s costs in connection with its intervention’.

Paragraph 2 of the operative part of the judgment of 7 March 2017, United Parcel Service v Commission, T-194/13, EU:T:2017:144 is amended as follows: ‘The European Commission shall pay, in addition to its own costs, those of United Parcel Service, Inc., except the costs in connection with the intervention’.

Paragraph 3 of the operative part of the judgment of 7 March 2017, United Parcel Service v Commission, T-194/13, EU:T:2017:144 is amended as follows: ‘FedEx Corp. shall pay, in addition to its own costs, the costs of United Parcel Service, Inc., in connection with its intervention’.

United Parcel Service, Inc., the Commission and FedEx shall bear their own costs in connection with the present case.

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¹     OJ C 147, 25.5.213.