Order — ECLI:EU:T:2017:634
Date: 2017-09-19
Language of the case: English
Court formation: President of the Chamber
Subject matter: Agriculture and Fisheries;Peas and field beans
Procedure: Application for interim measures - inadmissible;Action for failure to act
Origin: Portugal

ORDER OF THE PRESIDENT OF THE FIRST CHAMBER OF THE GENERAL COURT 17 November 2017 (*) (Removal from the register) In Case T-244/17, António Conde & Companhia, SA, established in Gafanha de Nazaré (Portugal), represented by J. R. García-Gallardo Gil-Fournier, lawyer, applicant, v European Commission, represented by A. Bouquet, A. X. P. Lewis and F. Moro, acting as Agents, defendant, APPLICATION for a declaration that the Commission unlawfully failed to act in accordance with Article 14(1) of Council Regulation (EC) No 1386/2007 of 22 October 2007 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation (OJ 2007 L 318, p. 1), in that it requested Portugal to send it a list of Portuguese-flagged vessels authorised to fish in the NAFO Regulatory Area for the 2017 fishing season which did not include the vessel CALVÃO, and that, consequently, it did not forward a list including that vessel to the NAFO Secretariat. 1 By letter lodged at the Court Registry on 6 October 2017, 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. 2 By letter lodged at the Court Registry on 16 October 2017, the Commission informed the Court that it welcomed the discontinuance of the proceedings and requested, pursuant to Article 136(1) of the Rules of Procedure, that the applicant be ordered to pay the costs. 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. 4 The case shall therefore be removed from the register and António Conde & Companhia, SA ordered to pay the costs, including those relating to all the proceedings for interim measures. On those grounds, THE PRESIDENT OF THE FIRST CHAMBER OF THE GENERAL COURT hereby orders: 1. Case T-244/17 is removed from the register of the General Court. 2. António Conde & Companhia, SA shall pay the costs, including those relating to all the proceedings for interim measures. Luxembourg, 17 November 2017. E. Coulon I. Pelikánová Registrar President * Language of the case: English.