28 May 2020(*)

(Application for interim measures — Satisfaction accorded to the main action — No need to adjudicate)

In Case T‑739/18 R,

Darment Oy,

established in Helsinki (Finland), represented by C. Ginter, lawyer,

applicant,

European Commission,

represented by J.-F. Brakeland, A.C. Becker and M. Jauregui Gomez, acting as Agents,

defendant,

APPLICATION based on Articles 278 and 279 TFEU and seeking a suspension of operation of the Commission decision of 16 October 2018 finding that the applicant exceeded in 2017 its quota for the placing of hydrofluorocarbons on the market and imposing on it a penalty consisting in the reduction of its quota for the next quota allocation period by 31 370 tonnes of CO2 equivalent,

makes the following

1By application lodged at the Registry of the General Court on 17 December 2018, the applicant, Darment Oy, brought an action for annulment of the European Commission decision of 16 October 2018 finding that the applicant exceeded in 2017 its quota for the placing of hydrofluorocarbons on the market and imposing on it a penalty consisting in the reduction of its quota for the next quota allocation period by 31 370 tonnes of CO2 equivalent.

2By document lodged at the Registry on 27 March 2020, the applicant lodged the present application for interim measures, by which it requests, in essence, the President of the General Court to suspend the operation of the Commission decision of 16 October 2018 until the General Court has ruled on the main action.

3By a judgment delivered today, the General Court upheld the main action.

4Consequently, in view of the fact that proceedings for interim measures are ancillary to the main proceedings, there is no longer any need to adjudicate on the present application for interim measures.

5Under Article 133 of the Rules of Procedure of the General Court, a decision as to costs is to be given in the judgment or order which closes the proceedings. Given that, in the judgment closing the main proceedings, the Court ruled on the costs only in relation to the main proceedings, it is for the judge hearing the application for interim measures to rule on the costs in relation to the present application for interim measures.

6Under Article 137 of the Rules of Procedure, where a case does not proceed to judgment the costs are to be in the discretion of the Court. Having regard to the fact that the applicant was successful in the main proceedings, the Commission must be ordered, in addition to bearing its own costs, to pay those incurred by the applicant in the proceedings for interim measures.

On those grounds,

hereby orders:

1.There is no longer any need to adjudicate on the application for interim measures.

2.The European Commission, in addition to bearing its own costs, shall pay those incurred by Darment Oy in the proceedings for interim measures.

Luxembourg, 28 May 2020.

Registrar

* Language of the case: English.