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

ORDER OF THE PRESIDENT
OF THE SIXTH CHAMBER OF THE GENERAL COURT

12 December 2019 (*)

(Removal from the register)

In Case T‑270/18,

Michael O’Flynn, residing in Cork (Ireland),

Paddy McKillen, residing in Dublin (Ireland),

and

David Daly, residing in Malahide (Ireland),

represented by M. Cush, Senior Counsel, D. Hardiman, Barrister-at-Law, P. O’Brien and D. O’Keeffe, Solicitors,

applicants,

v

European Commission, represented by K. Blanck and A. Bouchagiar, acting as Agents,

defendant,

supported by

Ireland, represented by A. Joyce, G. Hodge and J. Quaney, acting as Agents,

intervener,

APPLICATION based on Article 263 TFEU seeking annulment of Commission Decision C(2018) 464 final of 25 January 2018 concerning alleged aid to and through the National Asset Management Agency (SA. 43791 (2017/NN)) implemented by Ireland (OJ 2018 C 60, p. 4).

1        By letter lodged at the Court Registry on 3 October 2019, 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, indicating that they understood that the “respondents” would confirm that they would bear their own costs. Therefore, the applicants requested that the Court discontinue proceedings with no order as to costs.

2        By letter lodged at the Court Registry on 16 October 2019, the intervener informed the Court that it had no observations on the discontinuance and that it was prepared to bear its own costs.

3        By letter lodged at the Court Registry on 18 October 2019, the defendant informed the Court that it had no observations on the discontinuance but requested, pursuant to Article 136(1) of the Rules of Procedure, that the applicants be ordered to bear their own costs and pay those of the defendant.

4        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 shall be borne by the other party if this appears justified by the conduct of that party.

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        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.

7        The case shall therefore be removed from the register and the applicants ordered to pay their own costs and those of the defendant. Ireland shall be ordered to bear its own costs.

On those grounds,

THE PRESIDENT OF THE SIXTH CHAMBER OF THE GENERAL COURT

hereby orders:

1.      Case T‑270/18 is removed from the register of the General Court.

2.      Michael O’Flynn, Paddy McKillen and David Daly shall bear their own costs and pay those of the European Commission.

3.      Ireland shall bear its own costs.

Luxembourg, 12 December 2019.

* Language of the case: English.

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