T-579/17

ORDER OF THE PRESIDENT OF THE SEVENTH CHAMBER OF THE GENERAL COURT 4 September 2018 (*) (Removal from the register) In Case T-579/17, Wall Street Systems UK Ltd, established in London (United Kingdom), represented by A. Csaki, lawyer, applicant, v European Central Bank, represented by C. Kroppenstedt and I. Köpfer, acting as Agents, and by U. Soltész and A. Neun, lawyers, defendant, APPLICATION for annulment of the contract award decision of the ECB in the context of call for tenders 2016/S 093-165651 concerning a contract for the provision of a treasury management system to a third party. 1        By letter lodged at the Court Registry on 29 June 2018, 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 and requested, pursuant to Article 136(3) of the Rules of Procedure, that the parties be ordered to pay the costs in accordance with the agreement reached between them. Alternatively, the applicant requested, for reasons of equity that the costs be borne in accordance with Article 136(2) of the Rules of Procedure. 2        By letter lodged at the Court Registry on 4 July 2018, the defendant informed the Court that it disagrees with the applicant’s requests with regard to the costs. It further submitted that the parties have not come to a legally binding and valid agreement on costs and therefore it requested that the applicant should be ordered to bear the costs in accordance with Article 136(1) of the Rules of Procedure. 3        Article 136(3) of the Rules of Procedure provides that, where proceedings are discontinued and the parties have come to an agreement on costs, the order for costs is to be in accordance with that agreement. 4        However, it is apparent from the file that the parties have not come to an agreement on costs and that, consequently, Article 136(3) of the Rules of Procedure cannot be applied. 5        Article 136(1) and (2) 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, 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. 6        In the present case, the information in the case-file shows that the applicant decided to submit its application for discontinuance with full knowledge of the fact that the defendant had refused to sign an agreement on costs and had informed the applicant thereof. In these circumstances, and in the absence of other relevant evidence submitted by the applicant in this regard, the conduct of the defendant does not appear to justify the application of Article 136(2) of the Rules of Procedure. 7        The case shall therefore be removed from the register and the applicant ordered to pay the costs, including those relating to the application for interim measures. On those grounds, THE PRESIDENT OF THE SEVENTH CHAMBER OF THE GENERAL COURT hereby orders: 1.      Case T-579/17 is removed from the register of the General Court. 2.      Wall Street Systems UK Ltd shall pay the costs, including those relating to the application for interim measures. Luxembourg, 4 September 2018. E. Coulon  V. Tomljenović Registrar  President * Language of the case: English.