ORDER OF THE PRESIDENT
OF THE FIRST CHAMBER OF THE GENERAL COURT
6 December 2016(*)
(Partial removal from the register)
In Case T-422/13,
Committee of Polyethylene Terephthalate (PET) Manufacturers in Europe (CPME), established in Brussels (Belgium),
Artenius España, SL, established in El Prat del Llobregat (Spain),
Cepsa Quimica, SA, established in Madrid (Spain),
Equipolymers Srl, established in Milano (Italy),
Indorama Ventures Poland sp. z o.o., established in Włocławek (Poland),
Lotte Chemical UK Ltd, established in Cleveland (United Kingdom),
M&G Polimeri Italia SpA, established in Patrica (Italy),
Novapet, SA, established in Zaragoza (Spain),
Ottana Polimeri Srl, established in Ottana (Italy),
UAB Indorama Polymers Europe, established in Klaipėda (Lithuania),
UAB Neo Group, established in Rimkai (Lithuania),
UAB Orion Global pet, established in Klaipėda,
represented by L. Ruessmann, lawyer, and J. Beck, Solicitor,
applicants,
supported by
European Commission, represented initially by J.-F. Brakeland and M. França, and subsequently by J.-F. Brakeland, M. França and A. Demeneix, acting as Agents,
intervener,
v
Council of the European Union, represented by S. Boelaert and J.-P. Hix, acting as Agents, by B. O’Connor, Solicitor, and by S. Gubel, lawyer,
defendant,
supported by
European Federation of Bottled Waters (EFBW), established in Brussels (Belgium),
Caiba, SA, established in Paterna (Spain),
Coca-Cola Enterprises Belgium (CCEB), established in Anderlecht (Belgium),
Danone, established in Paris (France),
Nestlé Waters Management & Technology, established in Issy-les-Moulineaux (France),
Pepsico International Ltd, established in London (United Kingdom),
Refresco Gerber BV, Rotterdam (Netherlands),
represented by E. McGovern, Barrister,
interveners,
ACTION, first, for annulment of Council Implementing Decision 2013/226/EU of 21 May 2013 rejecting the proposal for a Council implementing regulation imposing a definitive anti-dumping duty on imports of certain polyethylene terephthalate originating in India, Taiwan and Thailand following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009 and terminating the expiry review proceeding concerning imports of certain polyethylene terephthalate originating in Indonesia and Malaysia, in so far as the proposal would impose a definitive anti-dumping duty on imports of certain polyethylene terephthalate originating in India, Taiwan and Thailand (OJ 2013 L 136, p. 12), and, secondly, for compensation for the harm allegedly caused by that decision.
1 By letter lodged at the Court Registry on 26 October 2016, the applicant, Artenius España, SL informed the Court in accordance with Article 125 of the Rules of Procedure of the General Court that it wished to discontinue proceedings. It sought no order as to costs.
2 By letters lodged at the Court Registry on 7 and 8 November 2016, respectively, the European Commission and the defendant informed the Court that they have no observations on the application for partial removal of the case from the register. The defendant requested, pursuant to Article 136(1) of the Rules of Procedure, that the applicant be ordered to pay the costs.
3 European Federation of Bottled Waters (EFBW), Caiba, SA, Coca-Cola Enterprises Belgium (CCEB), Danone, Nestlé Waters Management & Technology, Pepsico International Ltd and Refresco Gerber BV (taken together, ‘the private interveners’) did not lodge any observations within the prescribed time limit.
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 Article 136(4) of the Rules of Procedure provides that, where proceedings are discontinued, if costs are not claimed, the parties are to bear their own costs.
6 Article 138(1) of the Rules of Procedure, read in conjunction with Article 144(9) of those rules, provides that the Member States and institutions which have intervened in the proceedings are to bear their own costs.
7 In the light of those provisions, the name Artenius España is removed from the list of applicants and it is decided that this applicant is ordered to pay its own costs and those incurred by the defendant as to the proceedings relating to Artenius España.
8 The Commission and the private interveners are to bear their own costs as to the proceedings relating to Artenius España.
On those grounds,
THE PRESIDENT OF THE FIRST CHAMBER OF THE GENERAL COURT
hereby orders:
1. In the case T-422/13, the name of the applicant, Artenius España, SL is removed from the list of the applicants.
2. Artenius España shall pay its own costs and those incurred by the Council of the European Union as to the proceedings relating to Artenius España.
3. The European Commission shall bear its own costs as to the proceedings relating to Artenius España.
4. European Federation of Bottled Waters (EFBW), Caiba, SA, Coca-Cola Enterprises Belgium (CCEB), Danone, Nestlé Waters Management & Technology, Pepsico International Ltd and Refresco Gerber BV shall bear their own costs as to the proceedings relating to Artenius España.
Luxembourg, 6 December 2016.
E. Coulon H. Kanninen
Registrar President