Provisional text
ORDER OF THE PRESIDENT
OF THE SEVENTH CHAMBER OF THE GENERAL COURT
16 March 2017 (*)
(Removal from the register)
In Case T-335/12,
T & L Sugars Ltd, established in London (United Kingdom),
Sidul Açúcares, Unipessoal Lda, established in Santa Iria de Azóia (Portugal),
represented initially by D. Waelbroeck, lawyer, and D. Slater, Solicitor, and subsequently by D. Waelbroeck,
applicants,
v
European Commission, represented initially by P. Rossi and N. Donnelly, and subsequently by P. Rossi and P. Ondrůšek, acting as Agents,
defendant,
(i) APPLICATION pursuant to Article 263 TFEU for annulment of Commission Implementing Regulation (EU) No 367/2012 of 27 April 2012 laying down necessary measures as regards the release of additional quantities of out-of-quota sugar and isoglucose on the Union market at reduced surplus levy during marketing year 2011/2012 (OJ 2012 L 116, p. 12), of Commission Implementing Regulation (EU) No 397/2012 of 8 May 2012 fixing allocation coefficient, rejecting further applications and closing the period for submitting applications for available additional quantities of out-of-quota sugar to be sold on the Union market at reduced surplus levy during marketing year 2011/2012 (OJ 2012 L 123, p. 35), of Commission Implementing Regulation (EU) No 1239/2011 (OJ 2011 L 318, p. 4) as amended by Implementing Regulation (EU) No 356/2012, as regards the periods during which tenders may be submitted in response to the second and subsequent partial invitations to tender for the 2011/2012 marketing year for imports of sugar at a reduced customs duty (OJ 2012 L 113, p. 4), of Commission Implementing Regulation (EU) No 382/2012 of 3 May 2012 on the minimum customs duty for sugar to be fixed in response to the fifth partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) No 1239/2011 (OJ 2012 L 119, p. 41), of Commission Implementing Regulation (EU) No 444/2012 of 24 May 2012 on the minimum customs duty for sugar to be fixed in response to the sixth partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) No 1239/2011 (OJ 2012 L 135, p. 61), and of Commission Implementing Regulation (EU) No 485/2012 of 7 June 2012 on the minimum customs duty for sugar to be fixed in response to the seventh partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) No 1239/2011 (OJ 2012 L 148, p. 24), and (ii) action pursuant to Article 268 TFEU for damages.
1 By application lodged at the Court Registry on 19 July 2012, the applicants, T & L Sugars Ltd and Sidul Açúcares, Unipessoal Lda, brought the present action.
2 By order of 16 October 2012, the President of the Fifth Chamber stayed the proceedings in the present case until the General Court gave final ruling in Cases T‑279/11 and T‑103/12 T & L Sugars and Sidul Açúcares v Commission.
3 The proceedings in the present case were resumed on 29 November 2016 and, by letter lodged at the Court Registry on 20 January 2017, the applicants informed the Court in accordance with Article 125 of the Rules of Procedure of the General Court that they wished to discontinue proceedings. They sought no order as to costs.
4 By letter lodged at the Court Registry on 8 February 2017, the defendant, the European Commission, requested, pursuant to Article 136(1) of the Rules of Procedure, that the applicants be ordered to pay the costs.
5 Article 136(1) of the Rules of Procedure provides that a party who discontinues or withdraws from proceedings is to be ordered to pay the costs if they have been applied for in the other party’s observations on the discontinuance.
6 The case shall therefore be removed from the register and the applicants shall bear their own costs and those incurred by the Commission.
7 In those circumstances, there is no longer any need to adjudicate on the applications to intervene submitted by the French Republic, the Council of the European Union, RAR – Refinarias de Açùcar Reunidas, SA, SFIR – Società Fondiaria Industriale Romagnola SpA, SFIR Raffineria di Brindisi SpA and the Comité européen des fabricants de sucre (CEFS). Moreover, according to article 144(10) of the Rules of Procedure, if the proceedings in the main case are concluded before the application to intervene has been decided, the applicant for leave to intervene and the main parties shall each bear their own costs relating to the application to intervene.
On those grounds,
THE PRESIDENT OF THE SEVENTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-335/12 is removed from the register of the General Court.
2. There is no longer any need to adjudicate on the applications to intervene submitted by the French Republic, the Council of the European Union, RAR – Refinarias de Açùcar Reunidas, SA, SFIR – Società Fondiaria Industriale Romagnola SpA, SFIR Raffineria di Brindisi SpA and the Comité européen des fabricants de sucre (CEFS).
3. T & L Sugars Ltd and Sidul Açúcares, Unipessoal Lda shall bear their own costs and those incurred by the European Commission, relating to the main proceedings.
4. T & L Sugars Ltd, Sidul Açúcares, the Commission, the French Republic, the Council, RAR, SFIR, SFIR Raffineria di Brindisi and the CEFS shall each bear their own costs relating to the applications to intervene.
Luxembourg, 16 March 2017.