ORDER OF THE PRESIDENT
OF THE TENTH CHAMBER OF THE GENERAL COURT
20 April 2022 (*)
(Removal from the register)
In Case T‑148/21,
Paccor Packaging GmbH, established in Düsseldorf (Germany), and the other applicants whose names are set out in the annex (1), represented by P. Kugel and G. Dávid, lawyers,
applicants,
v
European Commission, represented by L. Haasbeek, acting as Agent,
defendant,
supported by
Council of the European Union, represented by A. Maceroni and M. Moore, acting as Agents,
European Parliament, represented by C. Ionescu Dima, O. Denkov and W. Kuzmienko, acting as Agents,
and
ClientEarth AISBL, established in Brussels (Belgium),
ClientEarth LGB, established in London (United Kingdom),
represented by C. Ziegler, lawyer,
interveners,
APPLICATION under Article 263 TFEU for annulment of Commission Implementing Regulation (EU) 2020/2151 of 17 December 2020 laying down rules on harmonised marking specifications on single-use plastic products listed in Part D of the Annex to Directive (EU) 2019/904 of the European Parliament and of the Council on the reduction of the impact of certain plastic products on the environment (OJ 2020 L 428, p. 57),
1        By letter lodged at the Court Registry on 17 January 2022, 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 and requested, that ClientEarth AISBL and ClientEarth LBG be ordered to pay their own costs.
2        By letter lodged at the Court Registry on 28 January 2022, the defendant informed the Court that it took note of the discontinuance and had no specific observations to submit. The defendant requested, pursuant to Article 136(1) of the Rules of Procedure, that the applicants be ordered to pay the costs.
3        By letter lodged at the Court Registry on 2 February 2022, ClientEarth AISBL and ClientEarth LBG informed the Court that they welcomed the discontinuance and requested, that the applicants be ordered to pay the costs of ClientEarth AISBL and ClientEarth LBG.
4        The Council of the European Union and the European Parliament did not lodge observations on the discontinuance within the time-limit.
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 applicants do not specify and the information in the case-file does not show conduct on the part of ClientEarth AISBL and ClientEarth LBG such as to justify ordering them to pay their own costs.
7        Article 138(1) of the Rules of procedure provides that the institutions which have intervened in the proceedings shall bear their own costs.
8        The case shall therefore be removed from the register and the applicants ordered to pay the costs of the European Commission, including those relating to the proceedings of interim measures, as well as the costs of ClientEarth AISBL and ClientEarth LBG.
9        The Council and the Parliament shall bear their own costs.
On those grounds,
THE PRESIDENT OF THE TENTH CHAMBER OF THE GENERAL COURT
hereby orders:
1.      Case T‑148/21 is removed from the register of the General Court.
2.      Paccor Packaging GmbH and the other applicants whose names are set out in the annex shall pay the costs of the European Commission, including those relating to the proceedings of interim measures, as well as the costs of ClientEarth AISBL and ClientEarth LBG.
3.      The Council of the European Union and the European Parliament shall bear their own costs.
Luxembourg, 20 April 2022.
E. Coulon
A. Kornezov
Registrar
President
* Language of the case: English.
1      The list of the other applicants is annexed only to the version sent to the parties.