ORDER OF THE PRESIDENT
OF THE SEVENTH CHAMBER OF THE GENERAL COURT
18 December 2019 (*)
(Removal from the register)
In Case T‑734/18,
Sumitomo Chemical (UK) plc, established in London (United Kingdom),
and
Tenka Best, SL,
established in Aiguafreda (Spain),
represented by K. Van Maldegem, lawyer, and V. McElwee, Solicitor,
applicants,
v
European Commission, represented by L. Haasbeek and R. Lindenthal, acting as Agents,
defendant,
supported by
European Chemicals Agency (ECHA), represented by M. Heikkilä, C. Buchanan and T. Zbihlej, acting as Agents,
and
Kingdom of Belgium, represented by L. Van den Broeck and P. Cottin, acting as Agents, and A. Poppe and E. Jacubowitz, lawyers,
interveners,
Application under Article 263 TFEU seeking annulment of Commission Implementing Decision (EU) 2018/1251 of 18 September 2018 not approving empenthrin as an existing active substance for use in biocidal products of product-type 18 (OJ 2018 L 235, p. 24).
1        By letter lodged at the Court Registry on 18 October 2019, the applicants informed the Court, in accordance with Article 125 of the Rules of Procedure of the General Court, that they wished to discontinue proceedings. They sought no order as to costs.
2        By letter lodged at the Court Registry on 5 November 2019, the European Chemicals Agency (ECHA) informed the Court that it did not have any observations on the discontinuance. It sought no order as to costs.
3        By letter lodged at the Court Registry on 6 November 2019, the defendant informed the Court that it took note of the application for discontinuance and requested that the applicants be ordered to pay the costs, in accordance with Article 136(1) of the Rules of Procedure.
4        By letter lodged at the Court Registry on 12 November 2019, the Kingdom of Belgium informed the Court that it did not object to the application for discontinuance. It sought no order as to costs.
5        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.
6        Under Articles 1(2)(f) and 138(1) of the Rules of Procedure, the Member States and the agencies which have intervened in the proceedings are to bear their own costs.
7        The case shall therefore be removed from the register and the applicants ordered to pay their own costs and those incurred by the defendant, including those relating to the proceedings for interim measures.
8        The Kingdom of Belgium shall be ordered to bear its own costs, including those relating to the proceedings for interim measures.
9        ECHA shall be ordered to bear its own costs.
On those grounds,
THE PRESIDENT OF THE SEVENTH CHAMBER OF THE GENERAL COURT
hereby orders:
1.      Case T-734/18 is removed from the register of the General Court.
2.      Sumitomo Chemical (UK) plc and Tenka Best, SL shall pay their own costs and those incurred by the European Commission, including those relating to the proceedings for interim measures.
3.      The Kingdom of Belgium shall pay its own costs, including those relating to the proceedings for interim measures.
4.      The European Chemicals Agency (ECHA) shall pay its own costs.
Luxembourg, 18 December 2019.
E. Coulon
R. da Silva Passos
Registrar
President
* Language of the case: English.