Court of Justice of the European Communities (including Court of First Instance Decisions)

ORDER OF THE PRESIDENT
OF THE NINTH CHAMBER OF THE GENERAL COURT

18 March 2016 (*)

(Removal from the register)

In Case T-589/15,

Eurorail NV, established in Aalst (Belgium), represented by J. Derenne, N. Pourbaix and M. Domecq, lawyers,

applicant,

v

European Commission, represented by S. Delaude and S. Lejeune, acting as Agents,

and

Innovation and Networks Executive Agency (INEA), represented by D. Beckers, acting as Agent,

defendants,

ACTION brought under Article 272 TFEU, seeking a declaration by the General Court first, that INEA’s decision of 17 July 2015 terminating the Grant Agreement MPO/09/058/SI1.5555667 “RAIL2” (Marco Polo II Call 2009) and ordering the recovery of part of the advances paid to the applicant, is invalid and unenforceable, secondly, that the final grant amount due to the applicant be set at EUR 951 813.

1        By letter lodged at the Court Registry on 29 January 2016, the applicant informed the Court, in accordance with Article 125 of the Rules of Procedure of the General Court, that it wished to discontinue proceedings and requested that each party bears its own costs.

2        By letter lodged at the Court Registry on 26 February 2016, the defendant, the European Commission, informed the Court that it does not have any objections to this discontinuance and that it has no costs and requested not to be held responsible for the other parties’ costs.

3        The defendant, the Innovation and Networks Executive Agency (INEA), did not submit observations on that discontinuance within the fixed time-limit.

4        Article 136(4) of the Rules of Procedure provides that, where proceedings are discontinued, if costs are not claimed, the parties are to bear their own costs.

5        The case shall therefore be removed from the register and, in the absence of any claim in that regard, the parties ordered to bear their own costs.

On those grounds,

THE PRESIDENT OF THE NINTH CHAMBER OF THE GENERAL COURT

hereby orders:

1)      Case T-589/15 is removed from the register of the General Court.

2)      Each party shall bear its own costs.

Luxembourg, 18 March 2016.

* Language of the case: English.

© European Union
The source of this judgment is the Europa web site. The information on this site is subject to a information found here: Important legal notice. This electronic version is not authentic and is subject to amendment.