ORDER OF THE PRESIDENT
OF THE EIGHT CHAMBER OF THE GENERAL COURT
13 October 2015(*)
(Removal from the register)
In Case T-218/14,
Mohamed Marouen Ben Ali Bel Ben Mohamed Mabrouk, residing in Tunis (Tunisia), represented by J.-R. Farthouat, J.P. Mignard and N. Boulay, lawyers, and by S. Crosby, Solicitor,
applicant,
v
Council of the European Union, represented by Á. de Elera-San Miguel Hurtado and G. Étienne, acting as Agents,
defendant,
supported by
European Commission, represented by F. Castillo de la Torre and D. Gauci, acting as Agents,
intervener,
APPLICATION for annulment of Council Decision 2014/49/CFSP of 30 January 2014 amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ L 28, p.38) and of Council Implementing Regulation (EU) No 81/2014 of 30 January 2014 implementing Regulation (EU) No 101/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia (OJ L 28, p.2), insofar as they apply to the applicant.
1 By letter lodged at the Court Registry on 5 August 2015, the applicant informed the Court in accordance with Article 125 of the Rules of Procedure of the General Court that he wished to discontinue proceedings and requested that the decision on costs be deferred until Case T-175/15 Mabrouk v Council has been decided.
2 By letter lodged at the Court Registry on 20 August 2015, the defendant informed the Court that it had no observations on the discontinuance and requested that the applicant be ordered to pay the costs.
3 By letter lodged at the Court Registry on 26 August 2015, the intervener informed the Court that it had no observations on the discontinuance.
4 Article 133 of the Rules of Procedure provides that a decision as to costs shall be given in the judgment or order which closes the proceedings.
5 In addition, Article 136(1) and (2) 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 Finally, Article 138(1) of the Rules of Procedure provides that the institutions which have intervened in the proceedings shall bear their own costs.
7 The case shall therefore be removed from the register and the applicant ordered to pay its own costs and the costs of the defendant. The intervener shall bear its own costs.
On those grounds,
THE PRESIDENT OF THE EIGHT CHAMBER OF THE GENERAL COURT
hereby orders:
1) Case T-218/14 is removed from the register of the General Court.
2) Mohamed Marouen Ben Ali Bel Ben Mohamed Mabrouk shall bear its own costs and the costs of the Council of the European Union.
3) The European Commission shall bear its own costs.
Luxembourg, 13 October 2015.