ORDER OF THE PRESIDENT OF THE FIFTH CHAMBER OF THE GENERAL COURT
10 July 2012 (1)
(Removal from the register)
In Case T-506/10,
Reti Televisive Italiane SpA (RTI), established in Rome (Italy),
Elettronica Industriale SpA, established in Lissone (Italy),
represented by J.-F. Bellis and S. Bariatti, lawyers,
applicants,
v
European Commission, represented by B. Gencarelli, L. Malferrari and J. Bourke, acting as Agents,
defendant,
supported by
Sky Italia Srl, established in Milan (Italy), represented by F. González Díaz and F. Salerno, lawyers,
intervener,
ACTION for annulment of Commission Decision C (2010) 4976 final of 20 July 2010, modifying the application of Commitments attached to a decision declaring an operation by which News Corporation Limited (“Newscorp”) acquired control of Telepiù Spa and Stream Spa, compatible with the common market and the EEA Agreement (Case No COMP/M.2876‑Newscorp/Telepiù).
1 By letter lodged at the Registry of the General Court on 14 June 2012, the applicants informed the Court in accordance with Article 99 of the Rules of Procedure that they wished to discontinue proceedings and requested, pursuant to Article 87(5) of the Rules of Procedure, that the parties bear their own costs, given the fact that the action became without purpose due to events which were not caused by the applicants.
2 By letter lodged at the Registry on 26 June 2012, the defendant informed the Court that it welcomed the application for discontinuance and accepted to bear its own costs.
3 By letter lodged at the Registry on 2 July 2012, the intervener informed the Court that it had no objections as to the application for discontinuance and that it agreed with the applicants’ claim with regards to the costs.
4 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. Pursuant to the second subparagraph of that Article, where the parties have come to an agreement on costs, the decision as to costs shall be in accordance with that agreement.
5 In the present case, it transpires from the parties’ submissions that they all agree that each party to the proceedings shall bear its own costs.
6 The case will therefore be removed from the register and the parties ordered to pay their own costs.
On those grounds,
THE PRESIDENT OF THE FIFTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-506/10 is removed from the register of the General Court.
2. The parties shall bear their own costs.
Luxembourg, 10 July 2012.