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

21 March 2019 (*)

(Removal from the register)

In Case T‑470/18,

Telenet BVBA, established in Mechelen (Belgium), represented by Y. Desmedt and E. Monard, lawyers,

applicant,

v

European Commission, represented by G. Braun and L. Nicolae, acting as Agents,

defendant,

APPLICATION pursuant to Article 263 TFEU seeking the annulment of Commission Decision C(2018) 3410 final of 25 May 2018, adopted in accordance with Article 7(3) of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (OJ 2002 L 108, p. 33), concerning draft national measures notified by the Kingdom of Belgium, relating to the markets for wholesale local access provided at a fixed location, wholesale central access provided at a fixed location for mass-market products, and wholesale TV broadcasting in Belgium (cases BE/2018/2073, BE/2018/2074, and BE/2018/2075).

1        By letter lodged at the Court Registry on 13 February 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 26 February 2019, the defendant informed the Court that it had no observations on the discontinuance and requested, in accordance with Article 136(1) of the Rules of Procedure, that the applicant be ordered 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 its own costs and those incurred by the defendant, with the exception of the defendant’s costs relating to the application to intervene lodged on 27 November 2018 by the Kingdom of Belgium in support of the form of order sought by the defendant.

5        In the light of the above, there is no need to rule on the application to intervene lodged by the Kingdom of Belgium. Furthermore, pursuant to Article 144(10) of the Rules of Procedure, the applicant, the defendant and the Kingdom of Belgium shall each bear their own costs relating to the application to intervene.

On those grounds,

THE PRESIDENT OF THE FIRST CHAMBER OF THE GENERAL COURT

hereby orders:

1.      Case T‑470/18 is removed from the register of the General Court.

2.      There is no need to rule on the application to intervene lodged by the Kingdom of Belgium.

3.      Telenet BVBA shall pay its own costs and those incurred by the European Commission, with the exception of the Commission’s costs relating to the application to intervene.

4.      Telenet, the Commission, and the Kingdom of Belgium shall each bear their own costs relating to the application to intervene.

Luxembourg, 21 March 2019.

* Language of the case: English.

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