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

ORDER OF THE PRESIDENT OF THE GENERAL COURT

26 January 2022 (*)

(Removal from the register)

In Case T-670/21 R,

NTU International A/S, established in Aalborg (Denmark), represented by E. Kjær‑Hansen, lawyer,

applicant,

v

European Commission, represented by M. Ilkova and T. van Noyen, acting as Agents,

defendant,

APPLICATION pursuant to Articles 278 and 279 TFEU seeking, first, suspension of operation of the decision of the Commission of 5 August 2021 to award the contract for development consultancy services in the procurement ‘EU Support to Sustainable Energy Connectivity in Central Asia (SECCA)’ (reference number: DEVCO/TSE/2020/EA‑RP/0010) to another company and to reject the applicant’s tender and, second, an order instructing the Commission to refrain from entering into the contract with the company in question until the matter has been resolved,

1        By letter lodged at the Court Registry on 9 December 2021, the applicant informed the Court, in accordance with Article 125 of the Rules of Procedure of the General Court, that it wished to discontinue its application for interim measures and requested, pursuant to Article 136 and 138 of the Rules of Procedure, that the defendant be ordered to pay the costs.

2        By letter lodged at the Court Registry on 21 December 2021, the defendant informed the Court that it did not object to the discontinuance but that it disagreed with the claim put forward by the applicant in relation to the costs and requested that the General Court order the applicant to pay the costs of the proceedings.

3        Article 125 of the Rules of Procedure provides that, if the applicant informs the General Court in writing or at the hearing that he wishes to discontinue the proceedings, the President shall order the case to be removed from the register and shall give a decision as to costs in accordance with Articles 136 and 138 of the Rules of Procedure.

4        Article 158(5) of the Rules of Procedure provides that, in the order closing the proceedings for interim relief, costs shall be reserved until the decision of the General Court on the substance of the case.

5        The case shall therefore be removed from the register and the costs reserved.

On those grounds,

THE PRESIDENT OF THE GENERAL COURT

hereby orders:

1.      Case T-670/21 R is removed from the register of the General Court.

2.      The costs are reserved.

Luxembourg, 26 January 2022.

* Language of the case: English.

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