ORDER OF THE PRESIDENT OF THE SEVENTH CHAMBER OF THE GENERAL COURT
22 January 2014 (1)
(Removal from the register)
In Case T-389/12,
Électricité de France (EDF), established in Paris (France), represented by A. Creus Carreras and A. M. Valiente Martin, lawyers,
applicant,
v
European Commission, represented by C. Giolito and S. Noë, acting as Agents,
defendant,
APPLICATION for annulment of Commission Decision C(2012) 4617 final of 28 June 2012 refusing to grant the applicant the postponement of the deadline fixed for fulfilling some of its commitments set out in Decision C(2009) 9059 of 12 November 2009, which authorises the concentration operation whereby Électricité de France was to acquire exclusive control of the assets of Segebel (Case COMP/M.5549 — EDF/Segebel).
1 By letter lodged at the Registry of the General Court on 18 December 2013, 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 each party bears its own costs.
2 By letter lodged at the Registry of the Court on 6 January 2014, the defendant informed the Court that it had no objections to the discontinuance and requested, pursuant to Article 87(5) of the Rules of Procedure, that the applicant be ordered to pay the 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 applicant will bear its own costs and the costs incurred by the defendant including those relating to the interlocutory proceedings.
4 The case will therefore be removed from the register and the applicant be ordered to pay its own costs and the costs incurred by the defendant including those relating to the interlocutory proceedings.
On those grounds,
THE PRESIDENT OF THE SEVENTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-389/12 is removed from the register of the General Court.
2. The applicant shall bear its own costs and the costs incurred by the defendant including those relating to the interlocutory proceedings.
Luxembourg, 22 January 2014.
E. Coulon | | I. Wiszniewska-Białecka |