ORDER OF THE PRESIDENT OF THE SEVENTH CHAMBER OF THE GENERAL COURT
10 September 2013 (1)
(Removal from the register)
In Case T-202/11,
Aeroporia Aigaiou Aeroporiki AE and Marfin Investment Group Symmetochon AE, established in Athens (Greece), represented initially by A. J. Ryan, G. Bushell, Solicitors and P. Stamou, lawyer, and subsequently by A. J. Ryan and P. Stamou,
applicants,
v
European Commission, represented by T. Christoforou, A. Antoniadis, S. Noë and L. Malferrari, acting as Agents,
defendant,
APPLICATION for the annulment of Commission Decision No C(2011) 316 of 26 January 2011 declaring to be incompatible with the internal market the planned merger between, on the one hand, Aegean Airlines S.A. and, on the other, Olympic Air S.A., Olympic Handling S.A. and Olympic Engineering S.A. (Case No COMP/M.5830 – Olympic / Aegean Airlines).
1 By letter lodged at the Registry of the General Court on 22 July 2013, the applicants informed the Court in accordance with Article 99 of the Rules of Procedure that they wished to discontinue proceedings and requested that each party bear its own costs.
2 By letter lodged at the Registry of the Court on 26 July 2013, the defendant informed the Court that it has no comments on the application for discontinuance and that the applicants must be ordered to pay the costs of the proceedings in accordance with Article 87(5) of the Rules of Procedure.
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 defendant applied for the costs to be borne by the applicants.
4 The case will therefore be removed from the register and the applicants ordered to pay the costs.
On those grounds,
THE PRESIDENT OF THE SEVENTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-202/11 is removed from the register of the General Court.
2. The applicants shall bear the costs.
Luxembourg, 10 September 2013.