ORDER OF THE PRESIDENT OF THE FOURTH CHAMBER OF THE GENERAL COURT
6 December 2012(1)
(Removal from the register)
In Case T-366/00 RENV,
Scott SA, established in Saint-Cloud (France), represented by Sir J. Lever QC, G. Peretz and J. Gardner, Barristers, R. Griffith and A. Nourry, Solicitors,
applicant,
supported by
French Republic, represented by G. de Bergues and J. Gstalter, acting as Agents,
Département du Loiret, represented by A. Carnelutti, lawyer,
interveners,
v
European Commission, represented by J. Flett and L. Armati, acting as Agents,
defendant,
APPLICATION for partial annulment of Commission Decision 2002/14/EC of 12 July 2000 on the State aid granted by France to Scott Paper SA/Kimberly-Clark (OJ 2002 L 12, p. 1).
1 By letter lodged at the Registry of the General Court on 26 October 2012, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure that it wished to discontinue proceedings and requested, pursuant to Article 87(5) of the Rules of Procedure, that no order as to costs should be made against it.
2 By letter lodged at the Registry of the Court on 20 November 2012, the defendant informed the Court that it has no objection on the withdrawal and requested that, pursuant to Article 87(5) of the Rules of Procedure, the applicant be ordered to pay the costs of the defendant.
3 The interveners have not submitted any observations on the withdrawal.
4 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 elements put forward by the applicant do not show conduct on the part of the defendant such as to justify ordering the latter to pay the costs.
5 The third subparagraph of Article 87(5) of the Rules of Procedure provides that, where proceedings are discontinued and costs are not applied for, the parties are to bear their own costs.
6 Under the first subparagraph of Article 87(4) of the Rules of Procedure, the Member States which intervened in the proceedings are to bear their own costs.
7 The case should therefore be removed from the register, the applicant ordered to bear its own costs and those of the defendant. The interveners, the French Republic and the Département du Loiret, should be ordered to bear their own costs.
On those grounds,
THE PRESIDENT OF THE FOURTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-366/00 RENV is removed from the register of the General Court.
2. The applicant shall bear its own costs and those incurred by the defendant.
3. The interveners, the French Republic and the Département du Loiret, shall bear their own costs.
Luxembourg, 6 December 2012.