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

ORDER OF THE PRESIDENT
OF THE FOURTH CHAMBER OF THE GENERAL COURT

29 February 2016(*)

(Removal from the register)

In Case T-646/14,

Ioan Micula, residing in Oradea (Romania),

European Food SA, established in Drăgăneşti (Romania),

Starmill Srl, established in Drăgăneşti,

Multipack Srl, established in Drăgăneşti, and

Viorel Micula, residing in Oradea,

represented by K. Hobér, J. Ragnwaldh, T. Pettersson, E. Gaillard and Y. Banifatemi, lawyers, and V. Korom, Solicitor,

applicants,

v

European Commission, represented by P.-J. Loewenthal and T. Maxian Rusche, acting as Agents,

defendant,

supported by

Kingdom of Spain, represented by A. Rubio Gonzàlez, E. Chamizo llatas and S. Centeno Huerta, acting as Agents,

and

Slovak Republic, represented by B. Ricziová, acting as Agent,

interveners,

APPLICATION for annulment of Commission decision C (2014) 3192 of 26 May 2014, ordering Romania, under Article 11(1) of Regulation (EU) No 659/1999, to suspend any action which may lead to the execution or implementation of the award of 11 December 2013 rendered by an Arbitral Tribunal, as the execution of the award appears to constitute unlawful State aid, until the final Commission decision on the compatibility of that State aid with the internal market.

1 By letter lodged at the Court Registry on 2 December 2015, 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.

2 By letter lodged at the Court Registry on 21 December 2015, the intervener, the Kingdom of Spain, informed the Court that it has no observations on the discontinuance.

3 By letter lodged at the Court Registry on 4 January 2016, the defendant informed the Court that it requests that the applicants be ordered to pay the costs.

4 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.

5 Under Article 138(1) of the Rules of Procedure, the Member States which have intervened in the proceedings are to bear their own costs.

6 The case shall therefore be removed from the register and the applicants ordered to pay their own costs and the cost of the defendant. The interveners are to bear their own costs.

On those grounds,

THE PRESIDENT OF THE FOURTH CHAMBER OF THE GENERAL COURT

hereby orders:

1) Case T-646/14 is removed from the register of the General Court.

2) Ioan Micula, European Food SA, Starmill Srl, Multipack Srl and Viorel Micula shall pay their own costs as well as the costs incurred by the Commission.

3) The Kingdom of Spain and the Slovak Republic shall pay their own costs.

Luxembourg, 29 February 2016.

* Language of the case: English.