ORDER OF THE PRESIDENT
OF THE FIRST CHAMBER OF THE GENERAL COURT

30 May 2018 (*)

(Removal from the register)

In Case T‑443/17,

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. Lewis and F. Moro, acting as Agents,

defendant,

Application pursuant to Article 263 TFEU seeking for annulment, first, of the Commission’s decision not to send to the Secretary of the North-East Atlantic Fisheries Commission (NEAFC) the names of the Portuguese-flagged vessels Santa Isabel and Calvão to permit them to fish for redfish in the NEAFC area, as from 1 July 2017, and, second, of the Commission’s decision not to send to NEAFC’s Secretary the name of that Santa Isabel vessel to permit it to fish for shrimp in the area of Svalbard, as from the same date, in infringement of Article 5(1) of Regulation (EU) No 1236/2010 of the European Parliament and of the Council of 15 December 2010 laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries and repealing Council Regulation (EC) No 2791/1999 (OJ 2010 L 348, p. 17) which requires the Commission to send without delay to NEAFC’s Secretary the list of vessels provided by the EU Member States.

1        By letter lodged at the Court Registry on 6 April 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.

2        By letter lodged at the Court Registry on 11 April 2018, 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 the proceedings for interim measures.

On those grounds,

THE PRESIDENT OF THE FIRST CHAMBER OF THE GENERAL COURT

hereby orders:

1.      Case T‑443/17 is removed from the register of the General Court.

2.      António Conde & Companhia, SA, shall pay the costs including those relating to the proceedings for interim measures.

Luxembourg, 30 May 2018

* Language of the case: English.