ORDER OF THE PRESIDENT OF THE COURT
11 March 2022 (*)
(Removal from the register)
In Case C‑786/21 P,
APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 16 December 2021,
Nec Corp., established in Tokyo (Japan), represented by R. Bachour, Solicitor, and by A.A.J. Pliego Selie, O.W. Brouwer and R. Warning, advocaten,
applicant,
the other party to the proceedings being:
European Commission, represented by A. Cleenewerck de Crayencour, F. van Schaik and L. Wildpanner, acting as Agents,
defendant at first instance,
THE PRESIDENT OF THE COURT,
after hearing the First Advocate General, M. Szpunar,
makes the following
Order
1 By document lodged via e-Curia on 2 March 2022, Nec Corp. informed the Court, in accordance with Article 148 of the Rules of Procedure, applicable to appeal proceedings by virtue of Article 190(1) of those rules, that it was discontinuing its appeal.
2 By document lodged via e-Curia on 4 March 2022, the Commission informed the Court that it had no observations to submit on that discontinuance, but requested that Nec Corp. be ordered to pay the costs.
3 Pursuant to the combined provisions of Articles 141(1) and 184(1) of the Rules of Procedure, a party that 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.
4 In the circumstances of the present case, Nec Corp. must therefore be ordered to pay the costs.
On those grounds, the President of the Court hereby orders:
1. Case C‑786/21 P is removed from the Register of the Court.
2. Nec Corp. shall bear the costs.
Luxembourg, 11 March 2022.
A. Calot Escobar | | K. Lenaerts |