Ordinanze nº T-19/19 of Tribunal General de la Unión Europea, September 17, 2019
Resolution Date | September 17, 2019 |
Issuing Organization | Tribunal General de la Unión Europea |
Decision Number | T-19/19 |
Cancellazione dal ruolo
Nella causa T-19/19,
Fastweb SpA, con sede in Milano (Italia), rappresentata da M. Merola, L. Armati, A. Guarino e E. Cerchi, avvocati,
ricorrente,
contro
Commissione europea, rappresentata da G. Conte, C. Urraca Caviedes e T. Vecchi, in qualità di agenti,
convenuta,
avente ad oggetto una domanda fondata sull’ articolo 263 TFUE e diretta all’annullamento della decisione C (2018) 5870 final della Commissione europea, del 31 agosto 2018, che dichiara compatibile con il mercato interno e con l’accordo SEE l’operazione di concentrazione diretta all’acquisizione da parte di CK Hutchinson Holdings Limited del controllo esclusivo di Wind Tre (caso M.9041 - Hutchison/WIND TRE).
1 Con lettera depositata presso la cancelleria del Tribunale in data 28 giugno 2019, la parte ricorrente ha comunicato al Tribunale, ai sensi dell’articolo 125 del regolamento di procedura del Tribunale, che rinunciava agli atti e ha chiesto che ciascuna parte sopporti le proprie spese.
2 Con lettera depositata presso la cancelleria del Tribunale in data 15 luglio 2019, la parte convenuta ha comunicato di non avere osservazioni sulla rinuncia agli atti e ha domandato che la ricorrente sia condannata alle spese.
3 Ai sensi dell’articolo 136, paragrafi 1 e 2, del regolamento di procedura, la parte che rinuncia agli atti è condannata alle spese se l’altra parte conclude in tal senso nelle sue osservazioni sulla rinuncia agli atti. Tuttavia, su domanda della parte che rinuncia agli atti, le spese sono poste a carico dell’altra parte se ciò appare giustificato dal comportamento di quest’ultima.
4 Nella fattispecie, gli elementi risultanti dal fascicolo non dimostrano che la convenuta abbia tenuto un comportamento atto a giustificarne la condanna alle spese.
5 Si deve pertanto cancellare la causa dal ruolo e condannare la parte ricorrente a sopportare le proprie spese, nonché...
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