ORDER OF THE PRESIDENT
OF THE FOURTH CHAMBER OF THE GENERAL COURT
10 June 2016(*)
(Removal from the register)
In Case T-456/12,
British Telecommunications plc, established in London (United Kingdom), represented by J. Rivas Andrés and G. van de Walle de Ghelcke, lawyers,
applicant,
v
European Commission, represented by L. Armati and G. Conte, acting as Agents,
defendant,
supported by
United Kingdom of Great Britain and Northern Ireland, represented initially by S. Behzadi-Spencer, acting as Agent, and subsequently by L. Christie, acting as Agent, and J. P. F. Holmes, Barrister, and lastly by S. Brandon, acting as Agent, and J. P. F. Holmes,
intervener,
APPLICATION for annulment of Commission decision C(2012)3763 final, of 12 June 2012, concerning State aid SA.33540 – United Kingdom – City of Birmingham – Digital District NGA Network.
1 By letter lodged at the Court Registry on 9 February 2016, 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 and that the question of costs had been the subject of an agreement between the parties, according to which each party should bear its own costs.
2 By letter lodged at the Court Registry on 7 March 2016, the intervener informed the Court that it had no observations on the discontinuance.
3 By letter lodged at the Court Registry on 10 March 2016, the defendant confirmed to the Court that the parties were in agreement that each party should bear its own costs.
4 Article 136(3) of the Rules of Procedure provides that, where proceedings are discontinued and the parties have come to an agreement on costs, the order for costs is to be in accordance with that agreement.
5 Under Article 138(1) of the Rules of Procedure, the Member States which have intervened in the proceedings are to bear their own costs.
6 The case shall therefore be removed from the register and the order for costs shall be as agreed between the parties. The intervener is to bear its own costs.
On those grounds,
THE PRESIDENT OF THE FOURTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-456/12 is removed from the register of the General Court.
2. Each party shall bear its own costs.
Luxembourg, 10 June 2016.