Fastweb v Commission (Radiation - Order) French Text [2019] EUECJ T-19/19_CO (17 September 2019)

Fastweb v Commission (Radiation - Order) French Text [2019] EUECJ T-19/19_CO (17 September 2019)

The applicant discontinued the action and the respondent requested the applicant be ordered to pay costs. There was no evidence of conduct by the respondent justifying a different allocation. Therefore, the applicant must bear its own costs and those of the respondent. Interveners bear their own costs for their intervention applications.

Citation
[2019] EUECJ T-19/19_CO
Parties
Applicant: Fastweb SpA; Respondent: Commission européenne; Intervener: Iliad; Intervener: Iliad Italia SpA; Intervener: Hutchison Europe Telecommunications Sàrl
Jurisdiction
European Union
Judgment Date
17 September 2019
Procedural Posture
Annulment Application Under Article 263 TFEU / Order on Discontinuance (striking Out)
Outcome
Application struck out (case removed from the register)
Legal Topics
Merger Control, Concentration Proceedings, Discontinuance of Proceedings, Costs of Proceedings
EU Law Competition Law Administrative Law Merger Control Concentration Proceedings Discontinuance of Proceedings Costs of Proceedings

Case Brief

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Parties

Fastweb SpA

Applicant

Commission européenne

Respondent

Iliad

Intervener

Iliad Italia SpA

Intervener

Hutchison Europe Telecommunications Sàrl

Intervener

Procedural Posture

Annulment Application Under Article 263 TFEU / Order on Discontinuance (striking Out)

Legal Issues

  1. 1 Whether the application for annulment should be struck out following the applicant's discontinuance
  2. 2 Allocation of costs following discontinuance
  3. 3 Status of applications to intervene

Ratio Decidendi

The applicant discontinued the action and the respondent requested the applicant be ordered to pay costs. There was no evidence of conduct by the respondent justifying a different allocation. Therefore, the applicant must bear its own costs and those of the respondent. Interveners bear their own costs for their intervention applications.

Court Disposition

Application struck out (case removed from the register)

Orders

  • Case T-19/19 is removed from the register.
  • No ruling on the applications to intervene by Iliad, Iliad Italia SpA, and Hutchison Europe Telecommunications Sàrl.