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

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

23 December 2019 (*)

(Removal from the register)

In Case T‑163/19,

Michail Mersinis, residing in Athens (Greece), represented by P. Pafitis, lawyer,

applicant,

v

European Market and Securities Authority (ESMA), represented by A. Lorenzet and N. Vasse, acting as Agents, and by D. Waelbroeck and A. Duron, lawyers,

defendant,

APPLICATION pursuant to Article 270 TFEU for annulment of ESMA’s decision of 23 May 2018 not to select the applicant for the post of senior legal officer.

1        In its reply lodged at the Court Registry on 2 October 2019, the applicant indicated its intention to discontinue proceedings in accordance with Article 125 of the Rules of Procedure of the General Court and requested that the defendant be ordered to pay the costs.

2        In its rejoinder lodged at the Court Registry on 13 November 2019, the defendant acknowledged the applicant’s discontinuance and requested that the applicant be ordered to pay all costs and expenses exposed by ESMA.

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 applicant ordered to pay the costs.

On those grounds,

THE PRESIDENT OF THE FIRST CHAMBER OF THE GENERAL COURT

hereby orders:

1.      Case T-163/19 is removed from the register of the General Court.

2.      Michail Mersinis shall pay the costs.

Luxembourg, 23 December 2019.

* Language of the case: English.

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