ORDER OF THE PRESIDENT
OF THE SIXTH CHAMBER OF THE GENERAL COURT
10 December 2015 (*)
(Intervention – Dismissal – Application lodged after the expiry of the time-limit provided for in the Rules of procedure)
In Case T-394/15,
KPN BV, established in Den Haag (Netherlands), represented by J. de Pree and C. van der Hoeven, lawyers,
applicant,
v
European Commission, represented by L. Malferrari, J. Szczodrowski, F. van Schaik and H. van Vliet, acting as Agents,
defendant,
APPLICATION for annulment of Commission decision C (2014) 7241 final, of 10 October 2014, declaring a concentration to be compatible with the internal market and the EEA agreement (Case M.7000 – Liberty Global/Ziggo),
THE PRESIDENT OF THE SIXTH CHAMBER OF THE GENERAL COURT
1 By document lodged at the Court Registry on 6 November 2015, Liberty Global plc applied for leave to intervene in the present proceedings in support of the form of order sought by the defendant.
2 In accordance with Article 143(1) of the Rules of Procedure of the General Court, an application to intervene must be submitted within six weeks of the publication of the notice referred to in Article 79 thereof.
3 In the present case, the notice in the Official Journal of the European Union referred to in Article 79 of the Rules of Procedure having been published on 14 September 2015, the application to intervene was made after the expiry of the time-limit of six weeks referred to in Article 143(1) of the Rules of Procedure, as extended on account of distance under Article 60 thereof.
4 The application to intervene must therefore be dismissed without being served on the parties.
Costs
5 Under Article 144(6) of the Rules of Procedure, if the application to intervene is refused, the order must include a decision as to the costs relating to the application to intervene, including the costs of the applicant for leave to intervene, pursuant to Articles 134 and 135.
6 As the present order was adopted prior to service of the application for leave to intervene on the parties and before the latter could have incurred costs, it is sufficient to decide that the applicant to intervene must bear its own costs.
On those grounds,
THE PRESIDENT OF THE SIXTH CHAMBER OF THE GENERAL COURT
hereby orders:
1) The application for leave to intervene in case T-394/15 lodged by Liberty Global plc is dismissed.
2) Liberty Global plc shall bear its own costs.
Luxembourg, 10 December 2015.
E. Coulon | | S. Frimodt Nielsen |