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

ORDER OF THE PRESIDENT OF THE FIFTH CHAMBER OF THE GENERAL COURT

15 April 2019 (*)

(Removal from the register)

In Case T‑191/17,

Boehringer Ingelheim International GmbH, established in Ingelheim am Rhein (Germany), represented by C. Schoonderbeek, lawyer,

applicant,

v

European Commission, represented by K. Petersen and S. Attila, acting as Agents,

defendant,

APPLICATION seeking annulment of the Commission Implementing Decision C(2017)379 (final) of 19 January 2017 amending the marketing authorisation granted by Decision C(2014)3539 (final) for “Jardiance - Empagliflozin”, a medicinal product for human use

1        By letter lodged at the Court Registry on 25 March 2019, 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. It sought no order as to costs.

2        By letter lodged at the Court Registry on 5 April 2019, the defendant informed the Court that it had no objection to the discontinuance. Nevertheless, the defendant requests that the applicant is to bear the costs.

3        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.

4        The case shall therefore be removed from the register and the applicant ordered to pay the costs.

On those grounds,

THE PRESIDENT OF THE FIFTH CHAMBER OF THE GENERAL COURT

hereby orders:

1.      Case T-191/17 is removed from the register of the General Court.

2.      Boehringer Ingelheim International GmbH shall pay the costs.

Luxembourg, 15 April 2019.

* Language of the case: English.

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