ORDER OF THE PRESIDENT OF THE COURT
1 September 2021 (*)
(Removal from the Register)
In Case C‑806/19 P,
APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 31 October 2019,
European Commission, represented initially by T. Christoforou, M. Farley and F. van Schaik, and subsequently by M. Farley and F. van Schaik, acting as Agents,
appellant,
the other parties to the proceedings being:
HSBC Holdings plc, established in London (United Kingdom),
HSBC Bank plc, established in London,
HSBC Continental Europe, formerly HSBC France, established in Paris (France),
represented initially by K. Bacon QC, D. Bailey, Barrister, M. Simpson, Solicitor, C. Angeli, lawyer and M. Giner, lawyer, and subsequently by M. Demetriou, BL, D. Bailey, Barrister, M. Simpson, Solicitor, C. Angeli, lawyer and M. Giner, lawyer,
defendants at first instance,
THE PRESIDENT OF THE COURT,
after hearing the Advocate General, E. Tanchev,
makes the following
Order
1 By e-Curia submission of 23 July 2021, the European Commission informed the Court, in accordance with Article 148 of the Rules of Procedure, applicable to appeals under Article 190(1) of those rules, that it was withdrawing its appeal.
2 By e-Curia filing of 4 August 2021, HSBC Holdings plc, HSBC Bank plc and HSBC Continental Europe (together ‘HSBC’) advised the Court that they had no comment to make on the withdrawal, but sought an order that the Commission pay the costs of the appeal, including those linked to the cross-appeal.
3 Pursuant to the combined provisions of Articles 141(1) and 184(1) of the Rules of Procedure, the party which withdraws from the proceedings is ordered to pay the costs, if the other party so concludes in its observations on the withdrawal.
4 As the Commission has withdrawn its appeal and HSBC has claimed that the Commission should be ordered to pay the costs in its observations on the withdrawal, the Commission should in principle be ordered to pay the costs.
5 However, Article 141(2) of the Rules of Procedure, which is applicable to appeals under Article 184(1) of those rules, provides that, upon application by the party who withdraws from proceedings, the costs shall be borne by the other party if this appears justified by the conduct of that party. The Commission has requested in its notice of withdrawal, under this provision, that HSBC be ordered to pay the costs of the cross-appeal.
6 In that connection it should be noted that, pursuant to Article 183(a) of the Rules of Procedure, a cross-appeal is deemed to be devoid of purpose if the appellant withdraws its appeal. It follows that the withdrawal of the main appeal by the Commission at this stage of the proceedings means that the Court will not rule on the admissibility and merits of the cross-appeal, which is now devoid of purpose.
7 Thus, in the circumstances of the present case, there is no need to apply Article 141(2) of the Rules of Procedure as regards the costs of the cross-appeal and it is therefore for the Commission to bear them, in accordance with the injunction set out in paragraph 4 of the present order.
On those grounds, the President of the Court hereby orders:
1. Case C‑806/19 P is removed from the Register of the Court.
2. The European Commission shall pay the costs, including those of the cross-appeal.
Luxembourg, 1 September 2021.
A. Calot Escobar | | K. Lenaerts |