ORDER OF THE PRESIDENT OF THE COURT
16 February 2018 (*)
(Removal from the Register)
In Case C‑604/16 P,
APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 24 November 2016,
Council of the European Union, represented by H. Marcos Fraile, acting as Agent, and N. Tuominen, avocată,
applicant,
the other party to the proceedings being:
PT Pelita Agung Agrindustri, established in Medan (Indonesia), represented by F. Graafsma and J. Cornelis, avocats,
applicant at first instance,
European Commission, represented by J.-F. Brakeland and M. França, acting as Agents,
European Biodiesel Board (EBB), established in Brussels (Belgium), represented by O. Prost and M.-S. Dibling, avocats,
interveners at first instance,
THE PRESIDENT OF THE COURT,
after hearing the Advocate General, M. Wathelet,
makes the following
Order
1        By document lodged via e-Curia on 22 January 2018, the Council informed the Court, pursuant to Article 148 of the Rules of Procedure, that it wished to discontinue its appeal.
2        By document lodged via e-Curia on 5 February 2018, the Commission informed the Court that it had no observations to submit on the discontinuance.
3        By document lodged via e-Curia on 7 February 2018, PT Pelita Agung Agrindustri informed the Court that it had no observations to submit on that discontinuance, but requested that the Council be ordered to pay the costs.
4        The EBB did not submit observations on the discontinuance within the prescribed period.
5        Pursuant to the combined provisions of Article 141(1) and Article 184(1) of the Rules of Procedure, 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        In the light of the circumstances of the present case and, in particular, the fact that PT Pelita Agung Agrindustri has requested that the Council be ordered to pay the costs, it is appropriate to order the Council to pay the costs incurred by PT Pelita Agung Agrindustri.
7        Furthermore, pursuant to the combined provisions of Article 141(4) and Article 184(1) of the Rules of Procedure, if costs are not claimed, the parties are to bear their own costs.
8        It is therefore appropriate to order the Commission and the EBB to bear their own costs.
On those grounds, the President of the Court hereby orders:
1.      Case C‑604/16 P is removed from the Register of the Court.
2.      The Council of the European Union shall pay the costs incurred by PT Pelita Agung Agrindustri.
3.      The European Commission and the European Biodiesel Board shall bear their own costs.
Luxembourg, 16 February 2018.
A. Calot Escobar
K. Lenaerts
Registrar
President
*      Language of the case: English.