ORDER OF THE PRESIDENT OF THE SIXTH CHAMBER OF THE COURT OF FIRST INSTANCE
5 March 2009 (*)
(Partial removal from the register)
In Case T-320/07,
Glen and Daphne Jones, residing in Neath (United Kingdom),
Desmond and David Evans, residing in Neath,
Fforch –y-Garron Coal Co. Ltd, established in Neath,
represented by I. Jeffreys and S. Llewellyn Jones, Solicitors,
applicants,
v
Commission of the European Communities, represented by V. Di Bucci and J. Samnadda, acting as Agents,
defendant,
supported by,
E.ON UK plc, established in Coventry (United Kingdom), represented by P. Lomas, Solicitor,
International Power plc, established in London (United Kingdom), represented by D. Anderson QC, M. Chamberlain, Barrister, S. Lister and D. Harrison, Solicitors,
United Kingdom of Great Britain and Northern Ireland, represented by C. Gibbs and V. Jackson, acting as Agents, assisted by J. Flynn, Barrister,
interveners,
APPLICATION for annulment of the decision of the Commission of 18 June 2007 (Case COMP/37.037 - SWSMA) rejecting the complaint lodged by the applicants against the Central Electricity Generating Board (CEGB) relating to the discriminatory pricing practice allegedly used by the CEGB when purchasing coal for the production of electricity.
1 By letter lodged at the Registry of the Court of First Instance on 29 January 2009, the applicants, Desmond and David Evans, informed the Court in accordance with Article 99 of the Rules of Procedure of the Court of First Instance that they wished to withdraw their application.
2 By letter lodged at the Registry of the Court on 19 February 2009, the defendant informed the Court that it had no observations on the partial withdrawal and requested, pursuant to Article 87(5) of the Rules of Procedure, that the applicants, Desmond and Davis Evans, be ordered to pay their own costs and the costs incurred by the defendant.
3 The first subparagraph of Article 87(5) of the Rules of Procedure provides that a party who discontinues or withdraws from proceedings shall be ordered to pay the costs if they have been applied for in the observations of the other party on the discontinuance. In the present case, the defendant applied for the costs to be borne by the applicants, Desmond and David Evans.
4 The names of the applicants, Desmond and David Evans, will therefore be removed from the register and they shall be ordered to pay their own costs and the costs incurred by the defendant.
On those grounds,
THE PRESIDENT OF THE SIXTH CHAMBER OF THE COURT OF FIRST INSTANCE
hereby orders:
1. In Case T-320/07, the names of the applicants Desmond and David Evans are removed from the register of the Court of First Instance.
2. The applicants, Desmond and David Evans, shall bear their own costs and the costs incurred by the defendant.
Luxembourg, 5 March 2009.