ORDER OF THE PRESIDENT
OF THE SECOND CHAMBER OF THE GENERAL COURT
7 September 2021 (*)
(Removal from the register)
In Case T-482/19,
BT Group plc, established in London (United Kingdom),
and
Communications Global Network Services Ltd, established in London,
represented by J. Lesar, Solicitor, and K. Beal QC,
applicants,
v
European Commission, represented by L. Flynn, S. Noë and B. Stromsky, acting as Agents,
defendant,
ACTION under Article 263 TFEU seeking the annulment of Commission Decision C(2019) 2526 of 2 April 2019 on the State aid SA.44896 implemented by the United Kingdom of Great Britain and Northern Ireland concerning Controlled Foreign Companies Group Financing Exemption.
1 By letter lodged at the Court Registry on 3 August 2021, the applicants informed the Court, in accordance with Article 125 of the Rules of Procedure of the General Court, that they wished to discontinue proceedings and requested the Court to order the respective parties to bear their own costs.
2 By letter lodged at the Court Registry on 17 August 2021, the defendant informed the Court that it had no observations on the notice of discontinuance and requested that the applicants be ordered to bear the costs.
3 Article 136(1) and (2) 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. However, at the request of the party who discontinues or withdraws from proceedings, the costs are to be borne by the other party if this appears justified by the conduct of that party.
4 In the present case, the information in the case-file does not show conduct on the part of the defendant such as to justify ordering the latter to pay the costs.
5 As the proceedings in the main case have been discontinued before the application to intervene by the United Kingdom of Great Britain and Northern Ireland has been decided, there is no need to rule on that application to intervene.
6 The case shall therefore be removed from the register and the applicants ordered to pay the costs, with the exception of those relating to the application to intervene.
7 Pursuant to Article 144(10) of the Rules of Procedure, the applicants, the defendant and the United Kingdom are each to bear their own costs relating to the application to intervene.
On those grounds,
THE PRESIDENT OF THE SECOND CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-482/19 is removed from the register of the General Court.
2. There is no need to rule on the application to intervene submitted by the United Kingdom of Great Britain and Northern Ireland.
3. BT Group plc and Communications Global Network Services Ltd shall bear their own costs and shall pay those incurred by the European Commission, with the exception of those relating to the application to intervene.
4. BT Group and Communications Global Network Service, the Commission and the United Kingdom shall each bear their own costs relating to the application to intervene.
Luxembourg, 7 September 2021.