ORDER OF THE PRESIDENT OF THE TENTH CHAMBER OF THE GENERAL COURT
8 May 2024 (*)
(Removal from the Register)
In Case T‑1145/23,
Huhtamaki Holding Sàrl, established in Senningerberg (Luxembourg), represented by M. Struys, F. Pili and H. Cazotte, lawyers,
applicant,
v
European Commission, represented by S. Ciubotaru and K. Herrmann, acting as Agents,
defendant,
1 By its action under Article 263 TFEU, the applicant, Huhtamaki Holding Sàrl, seeks the annulment of the Commission’s implicit decision rejecting the applicant’s confirmatory application of 31 August 2023 for access, pursuant to Article 8(3) of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L 145, p. 43), to certain documents referred to in the Commission’s decision of 7 March 2019 to initiate the formal investigation procedure provided for in Article 108, paragraph 2, TFEU, in relation to State aid case SA.50400 (2019/C) (ex 2019/NN-2) — Possible State aid in favour of Huhtamaki.
2 By letter lodged at the Court Registry on 18 March 2024, the applicant 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.
3 By letter lodged at the Court Registry on 4 April 2024, the defendant informed the Court that it did not oppose to the discontinuance and that, in accordance with Article 136(4) of the Rules of Procedure, the parties shall bear their own costs.
4 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.
5 The case shall therefore be removed from the Register and, in the absence of any claim in that regard, the parties ordered to bear their own costs.
On those grounds,
THE PRESIDENT OF THE TENTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-1145/23 is removed from the Register of the General Court.
2. Each party shall bear its own costs.
Luxembourg, 8 May 2024.