ORDER OF THE PRESIDENT OF THE THIRD CHAMBER OF THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL

12 July 2011 (*)

(Removal from the register)

In Case F‑28/11,

ACTION brought under Article 270 TFEU, applicable to the EAEC Treaty pursuant to Article 106a thereof,

BC, official of the Council of the European Union, residing in Brussels (Belgium), represented by S. Rodrigues, A. Blot and C. Bernard-Glanz, lawyers,

applicant,

v

Council of the European Union, represented by M. Bauer and J. Herrmann, acting as Agents,

defendant,

THE PRESIDENT OF THE THIRD CHAMBER OF THE
CIVIL SERVICE TRIBUNAL

makes the following

Order

1        By two letters received by fax at the Tribunal Registry on 11 May 2011 (the originals being lodged on 13 May) Mr BC informed the Tribunal that he was discontinuing the proceedings, since the parties had come to an agreement under the terms of which the Council of the European Union undertook to re‑examine the applicant’s merits and to bear the entirety of the costs.

2        By letter received by fax at the Tribunal Registry on 24 May 2011 (the original being lodged on 30 May) the defendant confirmed the terms of the agreement as set out by the applicant and informed the Tribunal that the defendant had no observations on the applicant’s discontinuance of the proceedings.

3        This being so, it is appropriate that, in accordance with Article 69(2) of the Rules of Procedure, the present case be removed from the register of the Tribunal.

4        Under Article 69(3) of the Rules of Procedure, the President shall give a decision as to costs in accordance with the agreement or, failing that, at his discretion.

5        Consequently, the decision, in accordance with the agreement reached by the parties, is that the Council is to bear the entirety of the costs.

On those grounds,

THE PRESIDENT OF THE THIRD CHAMBER OF THE
CIVIL SERVICE TRIBUNAL

hereby orders:

1.      Case F‑28/11 BC v Council is removed from the Tribunal Register.

2.      The Council of the European Union shall bear the entirety of the costs.

Luxembourg, 12 July 2011.

W. Hakenberg

 

       P. Mahoney

Registrar

 

       President


* Language of the case: English.