ORDER OF THE PRESIDENT OF THE FOURTH CHAMBER OF THE GENERAL COURT
28 June 2012 (1)
(Removal from the register)
In Case T-656/11,
Morison Menon Chartered Accountants, established in Dubai (United Arab Emirates),
Morison Menon Chartered Accountants – Dubai Office, established in Dubai,
Morison Menon Chartered Accountants – Sharjah Office, established in Sharjah (United Arab Emirates),
represented by H. Viaene, T. Ruys and D. Gillet, lawyers,
applicants,
v
Council of the European Union, represented by É. Guillaume and M.-M. Joséphidès, acting as Agents,
defendant,
Annulment of Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran (OJ L 319, p. 11) and Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ L 319, p. 71), insofar as the applicants were added to the list of persons and entities whom those restrictive measures apply to.
1 By letter lodged at the Registry of the General Court on 2 May 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 defendant be ordered to pay the costs.
2 By letter lodged at the Registry of the Court on 5 June 2012, the defendant informed the Court that it has no further observations to make on the application for discontinuance. The defendant requested that each party should bear its own costs.
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. However, upon application by the party who discontinues or withdraws from the proceedings, the costs shall be borne by the other party if this appears justified by the conduct of that party. The Court takes the view that, in the particular circumstances of the present case, the conduct of the defendant justifies that the costs be borne by that party, as requested by the applicants.
4 The case will therefore be removed from the register and the defendant be ordered to bear all costs.
On those grounds,
THE PRESIDENT OF THE FOURTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-656/11 is removed from the register of the General Court.
2. The Council of the European Union shall bear the costs.
Luxembourg, 28 June 2012.