ORDER OF THE PRESIDENT OF THE EIGHTH CHAMBER OF THE GENERAL COURT
18 February 2013 (1)
(Removal from the register)
In Case T-322/10,
Clasado Ltd, established in Wolverton Mill (United Kingdom), represented by C. Facenna, Barrister, C. Hann and M. Guinness, Solicitors,
applicant,
v
European Commission, represented by L. Pignataro-Nolin and T. Scharf, acting as Agents,
defendant,
PARTIAL annulment of Commission Regulation (EU) No 382/2010 of 5 May 2010 refusing to authorise certain health claims made on foods, other than those referring to the reduction of disease risk and to children’s development and health (OJ 2010 L 113, p.1), and of Commission Regulation (EU) No 384/2010 of 5 May 2010 on the authorisation and refusal of authorisation of certain health claims made on foods and referring to the reduction of disease risk and to children’s development and health (OJ 2010 L 113, p.6) to the extent that they refuse to include BimunoBT (BGOS) Prebiotic in a list of permitted health claims established under Article 13(3) of Regulation (EC) No 1924/2006.
1 By letter lodged at the Registry of the General Court on 11 January 2013, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure that it wished to discontinue proceedings.
2 By letter lodged at the Registry of the Court on 22 January 2013, the defendant informed the Court that it had no objections to the discontinuance and requested, pursuant to Article 87(5) of the Rules of Procedure, that the applicant be ordered to pay 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. In the present case, the defendant requested that the applicant be ordered to pay the costs.
4 The case will therefore be removed from the register and the applicant ordered to pay the costs.
On those grounds,
THE PRESIDENT OF THE EIGHTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-322/10 is removed from the register of the General Court.
2. The applicant shall bear the costs.
Luxembourg, 18 February 2013.