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

ORDER OF THE PRESIDENT
OF THE GRAND CHAMBER OF THE GENERAL COURT

14 February 2019 (*)

(Removal from the register)

In Case T‑726/16,

Vlaamse Federatie van Persverkopers VZW (VFP), established in Antwerp (Belgium), represented by P. de Bandt, J. Dewispelaere and J. Probst, lawyers,

applicant,

v

European Commission, represented by L. Armati, K. Blanck and D. Recchia, acting as Agents,

defendant,

supported by

Kingdom of Belgium, initially represented by L. Van den Broeck and J. Van Holm, and subsequently by L. Van den Broeck, J.-C. Halleux, C. Pochet and P. Cottin, acting as Agents, assisted initially by D. Gillet, I. Letten and H. Viaene, lawyers, and subsequently by H. Viaene,

and

bpost, established in Brussels (Belgium), initially represented by R. Snelders, J. Meyers, A. Van Melkebeke, J. Haldermans and T. Woolfson, lawyers, and subsequently by R. Snelders, J. Meyers, A. Van Melkebeke and J. Haldermans,

interveners,

APPLICATION pursuant to Article 263 TFEU seeking the annulment of Commission Decision C(2016) 3338 final of 3 June 2016 on State aid SA.42366 (2016/N) — Belgium — State compensation to bpost for the delivery of public services over 2016-2020.

1        By application lodged at the Registry of the General Court on 13 October 2016, the applicant brought the present action.

2        By documents lodged at the Registry of the Court on 10 January and 13 January 2017, respectively, bpost and the Kingdom of Belgium sought leave to intervene in the present proceedings in support of the form of order sought by the Commission. By decisions of 4 April and 6 March 2016, respectively, the President of the First Chamber of the Court, having heard the main parties, granted those applications for leave to intervene. On 10 May and 16 May 2017, respectively, the Kingdom of Belgium and bpost lodged their statements in intervention, on which the applicant lodged its observations within the prescribed periods, whereas the Commission waived its right to lodge such observations.

3        On 14 July 2017, the written part of the procedure was closed.

4        On a proposal from the First Chamber, the Court decided, pursuant to Article 28 of the Rules of Procedure of the General Court, to refer the present case to the Grand Chamber.

5        The parties presented oral arguments and replied to the questions put by the Court at the hearing on 6 July 2018. After the hearing, the Court closed the oral part of the procedure and began its deliberations.

6        On 13 December 2018, the parties were informed by the Registry of the Court that judgment will be delivered in open court on 31 January 2019.

7        By letter lodged at the Court Registry on 18 January 2019, the applicant informed the Court, in accordance with Article 125 of the Rules of Procedure, that it wished to discontinue the proceedings. It sought no order as to costs.

8        By letter lodged at the Court Registry on 24 January 2019, bpost informed the Court that it had no further observations on the discontinuance and that it waives its claim, as formulated in its statement in intervention, lodged on 16 May 2017, that VFP should bear the costs of bpost’s intervention in the present proceedings.

9        By letter lodged at the Court Registry on 30 January 2019, the Kingdom of Belgium informed the Court that it had no observations on the discontinuance. It sought no order as to costs.

10      By letter lodged at the Court Registry on 4 February 2019, the defendant informed the Court that it had no further observations on the discontinuance and requested that the applicant be ordered to pay the costs.

11      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.

12      Article 136(4) of the Rules of Procedure provides that, where proceedings are discontinued, if costs are not claimed, the parties are to bear their own costs.

13      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.

14      The case shall therefore be removed from the register and the applicant ordered to bear its own costs and those incurred by the defendant. The Kingdom of Belgium and bpost shall bear their own costs.

On those grounds,

THE PRESIDENT OF THE GRAND CHAMBER OF THE GENERAL COURT

hereby orders:

1.      Case T-726/16 is removed from the register of the General Court.

2.      Vlaamse Federatie van Persverkopers VZW (VFP) shall bear its own costs and those incurred by the European Commission.

3.      The Kingdom of Belgium and bpost shall bear their own costs.

Luxembourg, 14 February 2019.

* Language of the case: English.

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