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

ORDER OF THE PRESIDENT OF THE THIRD CHAMBER OF THE GENERAL COURT

6 February 2019 (*)

(Removal from the register)

In Case T‑741/15,

British Aggregates Association, established in Lanark (United Kingdom of Great Britain and Northern Ireland),

Tinney Quarries Ltd, established in St. Johnston (Ireland),

MBC Quarries Ltd, established in Ballybofey (Ireland),

Mac Sand Ltd, established in Stranorlar (Ireland),

represented by L. Van den Hende, lawyer, and A. White and M. Schonberg, Solicitors,

applicants,

v

European Commission, represented by L. Flynn and K. Herrmann, acting as Agents,

defendant,

supported by

United Kingdom of Great Britain and Northern Ireland, represented initially by C. Brodie, S. Simmons and D. Robertson, subsequently by C. Brodie and D. Robertson, then by C. Brodie and S. Brandon, and finally by S. Brandon, acting as Agents, assisted by M. Hall QC and B. Rayment, Barrister,

intervener,

APPLICATION based on Article 263 TFEU seeking the annulment in part of Commission Decision (EU) 2015/1583 of 4 August 2014 on the aid scheme SA.18859 (11/C) (ex 65/10 NN) implemented by the United Kingdom — Relief from Aggregates Levy in Northern Ireland (ex N 2/04) (OJ 2015 L 250, p. 18),

1        By letter lodged at the Court Registry on 20 December 2018, 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 and requested that the parties be ordered to bear their own costs.

2        By letter lodged at the Court Registry on 14 January 2019, the European Commission informed the Court that it had no observations on the discontinuance and requested that the applicants be ordered to pay the costs.

3        By letter lodged at the Court Registry on 18 January 2019, the intervener informed the Court that it had no observations on the discontinuance. It sought no order as to costs.

4        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. However, under Article 136(2) of the Rules of Procedure, 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.

5        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.

6        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.

7        The case shall therefore be removed from the register and the applicants ordered to bear their own costs and those incurred by the defendant.

On those grounds,

THE PRESIDENT OF THE THIRD CHAMBER OF THE GENERAL COURT

hereby orders:

1.      Case T‑741/15 is removed from the register of the General Court.

2.      British Aggregates Association, Tinney Quarries Ltd, MBC Quarries Ltd and Mac Sand Ltd shall bear their own costs and those incurred by the European Commission.

3.      The United Kingdom of Great Britain and Northern Ireland shall bear its own costs.

Luxembourg, 6 February 2019.

* Language of the case: English.

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