ORDER OF THE PRESIDENT OF THE SECOND CHAMBER OF THE GENERAL COURT
5 March 2014 (1)
(Removal from the register)
In Case T-435/13,
Triarii BV, established in The Hague (The Netherlands), represented by G. Verhellen, lawyer,
applicant,
v
European Commission, represented by S. Delaude and F. Moro, acting as Agents,
defendant,
APPLICATION, firstly, for annulment of the decision of the European Commission of 20 June 2013 rejecting as out of time the bid made by the applicant in the procurement procedure ENER/B 1/2013-371 for the development of a study concerning the Grid infrastructure-development : European Strategy for raising public acceptance (JO S 67, 111082), and, secondly, for damages.
1 By letter lodged at the Registry of the General Court on 22 January 2014, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure that it wished to discontinue proceedings and requested, pursuant to Article 87(5) of the Rules of Procedure, that the costs shall be borne by the defendant.
2 By letter lodged at the Registry of the Court on 13 February 2014, the defendant requested the Court to declare the discontinuance of the action for annulment in the present case and that the applicant be ordered to bear the costs of the proceedings.
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 for the costs to be borne by the applicant.
4 The case will therefore be removed from the register and the applicant ordered to pay the costs.
On those grounds,
THE PRESIDENT OF THE SECOND CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-435/13 is removed from the register of the General Court.
2. The applicant shall bear the costs.
Luxembourg, 5 March 2014.
E. Coulon | | M. E. Martins Ribeiro |