ORDER OF THE PRESIDENT OF THE SECOND CHAMBER OF THE GENERAL COURT
20 September 2012 (1)
(Removal from the register)
In Case T-116/12,
Tioxide Europe Ltd, established in Billingham (United Kingdom),
Tioxide Europe S.r.l., established in Scarlino (Italy)
Tioxide Europe SL, established in Huelva (Spain)
Huntsman (Holdings) Netherlands B.V., established in Rotterdam (Netherlands),
represented by D. Arts , lawyer,
applicants,
v
Council of the European Union, represented by F. Florindo Gijón and M. Balta, acting as Agents,
defendant,
supported by
European Commission, represented by L. Flynn and L. Bouyon, acting as Agents,
intervener,
APPLICATION for partial annulment of Council Regulation (EU) No 1344/2011 of 19 December 2011 suspending the autonomous Common Customs Tariff duties on certain agricultural, fishery and industrial products and repealing Regulation (EC) No 1255/96 (OJ 2011 L 349, p. 1).
1 By letter lodged at the Registry of the General Court on 19 July 2012, the applicants informed the Court, in accordance with Article 99 of the Rules of Procedure, that they wished to discontinue proceedings and that the question of costs had been the subject of an agreement between the main parties, according to which each of them should bear their own costs.
2 By letter lodged at the Registry of the Court on 27 July 2012, the defendant informed the Court that it does not oppose the application for discontinuance and agreed to bear its own costs.
3 By letter lodged at the Registry of the Court on 27 July 2012, the intervener informed the Court that it has no observations on the application for discontinuance.
4 The second subparagraph of Article 87(5) 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 shall be in accordance with that agreement. In the present case it transpires that the main parties came to an agreement as regards the costs.
5 Further, pursuant to first subparagraph of Article 87(4) of the Rules the Member States and institutions which intervened in the proceedings shall bear their own costs.
6 The case will therefore be removed from the register and the order for costs shall be as agreed between the main parties. The intervener shall bear its own costs.
On those grounds,
THE PRESIDENT OF THE SECOND CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-116/12 is removed from the register of the General Court.
2. Main parties shall bear their own costs.
3. The intervener shall bear its own costs.
Luxembourg, 20 September 2012.