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

28 October 2020 (*)

(Removal from the register)

In Case T‑110/18,

Grange Backup Power Ltd, established in Dublin (Ireland), represented by M.J. Segura Catalán, M. Clayton and B. Keane, lawyers,

applicant,

v

European Commission, represented by L. Flynn and D. Recchia, acting as Agents,

defendant,

supported by

Ireland, represented by G. Hodge, A. Joyce, acting as Agents, and N.J. Travers, Senior Counsel and C. Donnelly, Barrister,

and

United Kingdom of Great Britain and Northern Ireland, represented by S. Brandon, acting as Agent, G. Facenna QC and T. Johnston, Barrister,

interveners,

APPLICATION pursuant to Article 263 TFEU for the annulment of Commission Decision C(2017) 7789 final of 24 November 2017 not to raise objections concerning the aid scheme for the capacity market of the island of Ireland on the ground that that scheme is compatible with the internal market pursuant to Article 107(3)(c) TFEU (State aid SA.44464 (2017/N) and State aid SA.44465 (2017/N)).

1        By letter lodged at the Court Registry on 8 September 2020, 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 24 September 2020, the defendant informed the Court that it had no observations to make on the application for discontinuance and requested the applicant to bear the costs incurred by the European Commission.

3        By letter lodged at the Court Registry on 29 September 2020, Ireland informed the Court that it had no objection to the withdrawal of the case. It sought no order as to costs.

4        By letter lodged at the Court Registry on 30 September 2020, the United Kingdom of Great Britain and Northern Ireland informed the Court that it had no objection to the withdrawal of the case. It sought no order as to costs.

5        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.

6        Under Article 138(1) of the Rules of Procedure, the Member States which have intervened in the proceedings are to bear their own costs.

7        The case shall therefore be removed from the register and the applicant ordered to pay its own costs and those incurred by the European Commission.

On those grounds,

THE PRESIDENT OF THE FIRST CHAMBER OF THE GENERAL COURT

hereby orders:

1.      Case T-110/18 is removed from the register of the General Court.

2.      Grange Backup Power Ltd shall pay its own costs and those incurred by the European Commission.

3.      Ireland and the United Kingdom of Great Britain and Northern Ireland shall bear their own costs.

Luxembourg, 28 October 2020.

* Language of the case: English.

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