ORDER OF THE PRESIDENT OF THE EIGHT CHAMBER
OF THE COURT OF FIRST INSTANCE
3 February 2009 (*)
(Removal from the register)
In Case T-239/08,
Comtec Translations Ltd, established in Leamington Spa (United Kingdom), represented initially by L. R. Scott and E. Bentley, Solicitors, and subsequently by L. R. Scott,
applicant,
v
Commission of the European Communities, represented by E. Manhaeve and N. Bambara, acting as Agents, assisted by A. Nucara, lawyer,
defendant,
APPLICATION for annulment of the Commission’s Decision of 16 April 2008 rejecting the applicant’s tender submitted in response to the call for tenders for the translation of documents relating to the policies and administration of the European Union from all EU official languages into English (call for tender No FL-GEN07-EN) (OJ 2007 S 180- 219517).
1 By letter lodged at the Registry of the Court of First Instance on
12 December 2008, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure of the Court of First Instance that it wished to discontinue proceedings. The applicant opposed that it would be ordered to pay the costs in view of its fragile and limited resources.
2 By letter lodged at the Registry of the Court on 13 January 2009, the defendant informed the Court that it had no objections concerning the discontinuance of the proceedings and requested that, pursuant to Article 87(5) of the Rules of Procedure, the applicant be ordered to bear the costs.
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. However, upon application by the party who discontinues or withdraws from proceedings, the costs shall be borne by the other party if this appears justified by the conduct of that party. In the present case, the case‑file does not show conduct on the part of the defendant such as to justify ordering the latter to pay the costs.
4 The case will therefore be removed from the register and the applicant be ordered to pay the costs.
On those grounds,
THE PRESIDENT OF THE EIGHT CHAMBER
OF THE COURT OF FIRST INSTANCE
hereby orders:
1. Case T-239/08 is removed from the register of the Court of First Instance.
2. The applicant shall bear its own costs and those incurred by the defendant.
Luxembourg, 3 February 2009.
E. Coulon | | M. E. Martins Ribeiro |