Orders nº T-720/18 R of Tribunal General de la Unión Europea, July 23, 2019

• Resolution Date: July 23, 2019
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-720/18 R

(Removal from the register)

In Case T-720/18,

AMVAC Netherlands BV, established in Amsterdam (Netherlands), represented by C. Mereu, M. Grunchard and S. Englebert, lawyers,

applicant,

v

European Food Safety Authority, represented by S. Gabbi and D. Detken, acting as Agents, and by S. Raes, lawyer,

defendant,

supported by

European Commission, represented by F. Castilla Contreras and I. Naglis, acting as Agents,

intervener,

APPLICATION pursuant to Article 263 TFEU seeking the annulment of the European Food Safety Authority (EFSA) decision of 1 October 2018 on the assessment of the confidentiality claims made in relation to the application for renewal of the approval process for Ethoprophos as an active substance,

1 By letter lodged at the Court Registry on 3 June 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 the proceedings. The applicant requested that the parties be ordered to bear their own costs.

2 By letter lodged at the Court Registry on 19 June 2019, EFSA submitted observations on the withdrawal request in which it asked the Court, pursuant to Article 136(1) of the Rules of Procedure, to order the applicant to bear its own costs and those incurred by EFSA, including those relating to the proceedings for the adoption of interim measures, which were reserved by order of the Court of 15 July 2019. The Commission failed to submit observations on the discontinuance of the case.

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. 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.

4 According to the Article 136(4) of the Rules of Procedure, the parties bear their own costs, if the latter have not been claimed.

5 Furthermore, Article 138(1) of the...