ORDER OF THE PRESIDENT OF THE THIRD CHAMBER OF THE GENERAL COURT
11 May 2010 (1)
(Removal from the register)
In Case T-197/08,
Magnus Polson,
Garry Sandison,
Ian Johnston, residing in Lerwick (United Kingdom)
and
Andrew Anderson, residing in Whalsay (United Kingdom),
represented by R. G. Murray, Solicitor and R. W. R. Thompson QC,
applicants,
v
European Commission, represented by N. Khan and K. Walkerová, acting as Agents,
defendant,
APPLICATION for partial annulment of Commission Decision C(2007) 5398 final of 13 November 2007 (OJ 2008 L 55, p. 27) declaring incompatible with the common market aid granted by the public authority of the United Kingdom in the Shetland Islands (‘Shetland Islands Council’) under the aid scheme for the first time acquisition of a share in an existing or new fishing vessel (‘First Time Shareholders Scheme’) (State aid C 39/06 (ex NN 94/2005)) and ordering its recovery.
1 By letter lodged at the Registry of the General Court on 7 April 2010, the applicants informed the Court, in accordance with Article 99 of the Rules of Procedure, that they wished to discontinue proceedings and that the question of costs had been the subject of an agreement between the parties, according to which each party shall bear its own costs.
2 By letter lodged at the Registry of the Court on 20 April 2010, the defendant informed the Court that it agrees with the proposal made by the applicants in their letter of discontinuance of the proceedings.
3 The second subparagraph of Article 87(5) of the Rules of Procedure provides that, where proceedings are discontinued and the parties have come to an agreement on costs, the order for costs shall be in accordance with that agreement.
4 The case will therefore be removed from the register and the order for costs shall be as agreed between the parties.
On those grounds,
THE PRESIDENT OF THE THIRD CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-197/08 is removed from the register of the General Court.
2. Each party shall bear its own costs.
Luxembourg, 11 May 2010.