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

ORDER OF THE PRESIDENT
OF THE THIRD CHAMBER OF THE GENERAL COURT

6 February 2019 (*)

(Removal from the register)

In Joined Cases T‑101/14 and T‑610/15,

British Aggregates Association, established in Lanark (United Kingdom of Great Britain and Northern Ireland), represented, in Case T‑101/14, by L. Van den Hende, lawyer, and by L. Geary, M. Schonberg and A. White, Solicitors, and, in Case T‑610/15, by L. Van den Hende, M. Schonberg and A. White,

applicants,

v

European Commission, represented, in Case T‑101/14, initially by M. Afonso and R. Sauer, and subsequently by M. Afonso, K. Herrmann and L. Flynn, and, in Case T‑610/15, by M. Afonso, K. Herrmann and L. Flynn, acting as Agents,

defendant,

supported by

United Kingdom of Great Britain and Northern Ireland, represented, in Case T‑101/14, initially by E. Jenkinson, subsequently by L. Christie, then by S. Brandon, S. Simmons and D. Robertson, and finally by S. Brandon, acting as Agents, assisted by M. Hall QC and B. Rayment, Barrister, and, in Case T‑610/15, initially by C. Brodie, S. Simmons and D. Robertson, then by C. Brodie and D. Robertson, then by C. Brodie and S. Brandon, acting as Agents, assisted by M. Hall and B. Rayment, and finally by S. Brandon,

Intervener,

APPLICATIONS under Article 263 TFEU, first, in Case T‑101/14, for the partial annulment of the Commission decision C(2013) 4901 of 31 July 2013 concerning State aid SA.34775 (2013/C) (ex 2012/NN) — Aggregates levy (OJ 2013 C 348, p. 162), in so far as the Commission did not raise any objections as regards certain tax exemptions laid down by the aggregates levy instituted in the United Kingdom, and, second, in Case T‑610/15, for the partial annulment of Commission Decision (EU) 2016/288 of 27 March 2015 on the aid scheme SA.34775 (13/C) (ex 12/NN) implemented by the United Kingdom — Aggregates levy (OJ 2016 L 59, p. 87), in so far as it found that certain other tax exemptions laid down by the aggregates levy did not amount to State aid,

1        By letter lodged at the Court Registry on 20 December 2018, 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 the parties be ordered to bear their own costs.

2        By letter lodged at the Court Registry on 14 January 2019, the European Commission 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 18 January 2019, the intervener informed the Court that it had no objections to the discontinuance. It sought no order as to 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. However, under Article 136(2) of the Rules of Procedure, 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.

5        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.

6        Article 138(1) of the Rules of Procedure provides that the Member States and 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 bear its own costs and those incurred by the defendant.

On those grounds,

THE PRESIDENT OF THE THIRD CHAMBER OF THE GENERAL COURT

hereby orders:

1.      Joined Cases T‑101/14 and T‑610/15 are removed from the register of the General Court.

2.      British Aggregates Association shall bear its own costs and those incurred by the European Commission.

3.      The United Kingdom of Great Britain and Northern Ireland shall bear its own costs.

Luxembourg, 6 February 2019.

* Language of the case: English.

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