ORDER OF THE PRESIDENT OF THE NINTH CHAMBER OF THE GENERAL COURT
15 July 2014(1)
(Removal from the register)
In Case T-344/12,
Virgin Atlantic Airways Ltd, established at Crawley (United Kingdom), represented by K. Dietzel, Solicitor, and N. Green, QC,
applicant,
v
European Commission, represented initially by S. Noë and N. Von Lingen, and subsequently by A. Biolan, L. Malferrari and S. Noë, acting as Agents,
defendant,
supported by
International Consolidated Airlines Group SA, established at Hounslow (United Kingdom), represented by R. O’Donoghue, Barrister, J. Boyce and
A. Lyle-Smythe, Solicitors,
and
Deutsche Lufthansa AG, established at Köln (Germany), represented initially by S. Völcker and A. Israel, lawyers, and subsequently by S. Völcker,
interveners,
APLICATION for the annulment of Commission Decision C (2012) 2320 of 30 March 2012 declaring incompatible with the internal market the merger transaction by which the International Consolidated Airlines Group sought to acquire control of British Midland Airways Limited (Case COMP/M.6447 – IAG/bmi), subject to certain conditions.
1 By letter lodged at the Registry of the General Court on 16 May 2014, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure that it wished to discontinue proceedings and agreed to bear its own costs and those of the defendant, but requested, pursuant to Article 87(5) of the Rules of Procedure, that the interveners be ordered to pay their own costs.
2 By letter lodged at the Registry of the Court on 2 June 2014, the defendant informed the Court that it had no comments on the request to discontinue the proceedings and requested, pursuant to Article 87(5) of the Rules of Procedure, that the applicant be ordered to pay the costs.
3 By letter lodged at the Registry of the Court on 5 June 2014, the intervener, Deutsche Lufthansa AG, requested, pursuant to Article 87(5) of the Rules of Procedure, that the applicant be ordered to pay the costs.
4 The intervener, International Consolidated Airlines Group SA, did not submit observations on the application for discontinuance.
5 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. Furthermore, the third subparagraph of Article 87(5) of the Rules of Procedure provides that, where proceedings are discontinued and costs are not applied for, the parties are to bear their own costs.
6 The case will therefore be removed from the register and the applicant ordered to bear its own costs and to pay the costs of the defendant and the intervener, Deutsche Lufthansa AG. The intervener, International Consolidated Airlines Group SA, shall bear its own costs.
On those grounds,
THE PRESIDENT OF THE NINTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-344/12 is removed from the register of the General Court.
2. The applicant shall bear its own costs and those of the defendant and the intervener, Deutsche Lufthansa AG.
3. The intervener, International Consolidated Airlines Group SA, shall bear its own costs.
Luxembourg, 15 July 2014.