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

Provisional text

ORDER OF THE PRESIDENT
OF THE FIRST CHAMBER OF THE GENERAL COURT

3 February 2017(*)

(Removal from the register)

In Case T-349/16,

Bank Saderat Iran, established in Tehran (Iran), represented by T. de la Mare, QC, R. Blakeley, Barrister, and S. Jeffrey, S. Ashley and A. Irvine, Solicitors,

applicant,

v

Council of the European Union, represented by M. Bishop, V. Piessevaux and A. Vitro, acting as Agents,

defendant,

APPLICATION for annulment of the Council Implementing Regulation (EU) 2016/603 of 18 April 2016 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2016 L 104, p. 8), and Council Decision (CFSP) 2016/609 of 18 April 2016, amending Decision 2010/413/CFSP, concerning restrictive measures against Iran (OJ 2016 L 104, p. 19), insofar as they apply to the applicant.

1        By letter lodged at the Court Registry on 22 December 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, pursuant to Article 136(2) of the Rules of Procedure, that the defendant be ordered to pay the costs.

2        By letter lodged at the Court Registry on 25 January 2017, the defendant informed the Court that the parties should be ordered to bear their own costs.

3        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. However, at the request of the party who discontinues or withdraws from proceedings, the costs are to be borne by the other party if this appears justified by the conduct of that party.

4        In the present case, the information in the case-file does not show conduct on the part of the defendant such as to justify ordering the latter to pay the costs.

5        The case shall therefore be removed from the register and the parties ordered to bear their own costs.

On those grounds,

THE PRESIDENT OF THE FIRST CHAMBER OF THE GENERAL COURT

hereby orders:

1.      Case T-349/16 is removed from the register of the General Court.

2.      Each party shall bear its own costs.

Luxembourg, 3 February 2017.

* Language of the case: English.

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