ORDER OF THE PRESIDENT OF THE SECOND CHAMBER OF THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL
10 May 2011 (*)
(Removal from the register)
In Case F‑37/10,
ACTION brought under Article 270 TFEU, applicable to the EAEC Treaty pursuant to Article 106a thereof,
Sofoklis Stratakis, a candidate in competition EPSO/AD/129/08, residing in Athens (Greece), represented by F. Sigalas, lawyer,
applicant,
v
European Commission, represented by J. Currall and B. Eggers, acting as Agents,
defendant,
THE PRESIDENT OF THE SECOND CHAMBER OF THE CIVIL SERVICE TRIBUNAL
makes the following
Order
1 By application received by fax at the Registry of the Tribunal on 27 May 2010 (the original being lodged on 31 May 2010), the applicant sought annulment of the decision of the selection board in open competition EPSO/AD/129/08 not to include his name on the reserve list for that competition.
2 By letters received at the Registry of the Tribunal on 8 and 14 March 2011, Mr Stratakis, respectively, informed the Tribunal that he wished to discontinue the proceedings in accordance with Article 74 of the Rules of Procedure and requested the Tribunal to order the defendant to bear all the costs, pursuant to Article 89(5) of the Rules of Procedure.
3 By letters received at the Registry of the Tribunal on 16 and 23 March 2011, the Commission expressed no objection to the discontinuance of the proceedings but sought a decision from the Tribunal that each party must bear its own costs.
4 By letter received at the Registry on 1 April 2011, the applicant stated inter alia that he accepted that the Tribunal should order each party to bear its own costs.
5 Under Article 74 of the Rules of Procedure, if the applicant informs the Tribunal, in writing or at the hearing, that he wishes to discontinue the proceedings, the President is to order the case to be removed from the register and give a decision as to costs in accordance with Article 89(5).
6 Consequently, in accordance with Article 74 of the Rules of Procedure, the present case must be removed from the register of the Tribunal.
7 Under Article 89(5) of the Rules of Procedure, a party who discontinues proceedings is to be ordered to pay the costs if they have been applied for in the observations of the other party on the discontinuance. However, under Article 89(7), where the parties have come to an agreement on costs, the decision as to costs is to be in accordance with that agreement.
8 It follows that, in accordance with the agreement between the applicant and the Commission, each party must bear its own costs.
On those grounds,
THE PRESIDENT OF THE SECOND CHAMBER OF THE CIVIL SERVICE TRIBUNAL
hereby orders:
1. Case F-37/10 Stratakis v Commission is removed from the register of the Tribunal.
2. Each party shall bear its own costs.
Luxembourg, 10 May 2011.