ORDER OF THE PRESIDENT OF THE FIRST CHAMBER OF THE GENERAL COURT
7 June 2011 (1)
(Removal from the register)
In Case T-399/10,
ArcelorMittal España, SA, established in Madrid (Spain), represented by A. Creus and A. Valente, lawyers,
applicant,
v
European Commission, represented by V. Bottka and A. Biolan, acting as Agents, assisted by M. Gray, Barrister,
defendant,
ANNULMENT in part of Commission Decision C (2010) 4387 final of
30 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case COMP/38.344 – Prestressing steel) and, in the alternative, reduction of the fine imposed on the applicant.
1 By letter lodged at the Registry of the General Court on 18 April 2011, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure that it wished to discontinue proceedings. It sought no orders as to costs.
2 By letter lodged at the Registry of the Court on 12 May 2011, the defendant informed the Court that it has no observations to the application to discontinue the proceedings. As to costs, it sought that each party should bear its own costs.
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. In the present case, the defendant applied that each party should bear its own costs. The applicant sought no orders as to costs.
4 The case will therefore be removed from the register and each party ordered to bear its own costs.
5 Accordingly, there is no need to rule upon the application for leave to intervene lodged on 5 November 2010 by the Council of the European Union in support of the form of order sought by the defendant.
On those grounds,
THE PRESIDENT OF THE FIRST CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-399/10 is removed from the register of the General Court.
2. Each party shall bear its own costs.
3. There is no need to rule upon the application of the Council of the European Union for leave to intervene.
Luxembourg, 7 June 2011.