ORDER OF THE PRESIDENT OF THE SEVENTH CHAMBER OF THE GENERAL COURT
7 July 2014 (1)
(Removal from the register)
In Case T-178/12,
Mahran Khwanda, residing in Damascus (Syria), represented by S. Jeffery, S. Ashley and A. Irvine, Solicitors, D. Wyatt QC, and R. Blakeley, Barrister,
applicant,
v
Council of the European Union, represented by G. Étienne and S. Cook, acting as Agents,
defendant,
APPLICATION for annulment of Council Implementing Decision 2012/37/CFSP of 23 January 2012 implementing Decision 2011/782/CFSP concerning restrictive measures against Syria (OJ 2012 L 19, p 33), Council Implementing Regulation (EU) No 55/2012 of 23 January 2012 implementing Article 33(1) of Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2012 L 19, p. 6), and Council Decision 2012/739/CFSP of 29 November 2012 concerning restrictive measures against Syria and repealing Decision 2011/782 (OJ 2012 L 330, p. 21) in so far as those measures relate to the applicant.
1 By letter lodged at the Registry of the General Court on 13 May 2014, 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 the defendant be ordered to pay the costs.
2 By letter lodged at the Registry of the Court on 28 May 2014, the defendant informed the Court that since the applicant has applied for discontinuance, the case has to be removed from the register in accordance with Article 99 of the Rules of Procedure, and that the applicant should be ordered to pay the costs of the proceedings, including those of the defendant.
3 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.
4 By Council Implementing Decision 2012/37/CFSP of 23 January 2012 implementing Decision 2011/782/CFSP concerning restrictive measures against Syria, the Council amended Decision 2011/782, adding the names of new persons and entities to its annex. The applicant’s name appears in line 22 of Annex A concerning the persons to whom that decision applies.
5 By Council Implementing Regulation (EU) No 55/2012 of 23 January 2012 implementing Article 33(1) of Regulation No 36/2012 (OJ 2012 L 19, p. 6), the applicant was also included in the annex to that regulation with the same reasons and with the same information as those in the annex to Implementing Decision 2012/37.
6 By Council Decision 2012/739/CFSP of 29 November 2012 concerning restrictive measures against Syria and repealing Decision 2011/782 (OJ 2012 L 330, p. 21), the restrictive measures at issue were incorporated in a single legal instrument. The applicant’s name appears in line 106 in Annex I, with the same information and reasons as in the annex to Implementing Decision 2012/37.
7 However, following a review of EU’s restrictive measures against Syria, the applicant was removed from the list of persons and entities subject to restrictive measures on 22 April 2013 by means of Council Implementing Decision 2013/185/CFSP, implementing Decision 2012/739 (OJ 2013 L 111, p. 77), and of Council Implementing Regulation (EU) No 363/2013, implementing Regulation No 36/2012 (OJ 2013 L 111, p. 1).
8 In those circumstances, it is justified, given the conduct of the Council and according to Article 87(5) of the Rules of Procedure, that it shall be ordered to bear its owns costs and those incurred by the applicant.
9 The case will therefore be removed from the register and the defendant be ordered to pay the costs.
On those grounds,
THE PRESIDENT OF THE SEVENTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-178/12 is removed from the register of the General Court.
2. The defendant shall bear the costs.
Luxembourg, 7 July 2014
E. Coulon | | M. Van der Woude |