ORDER OF THE PRESIDENT OF THE COURT OF FIRST INSTANCE
15 January 2009 (*)
(Removal from the register)
In Case T-434/08 R,
TONO, established in Oslo (Norway), represented by S. Teigum and A. Ringnes, lawyers,
applicant,
v
Commission of the European Communities, represented by F. Castillo de la Torre and J. Bourke, acting as Agents,
defendant,
APPLICATION for suspension of operation of Articles 3 and 4(2) and (3) of Commission Decision C(2008) 3435 final of 16 July 2008 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/C2/38.698 – CISAC) in so far as they relate to the applicant,
1 By letter lodged at the Registry of the Court of First Instance on 12 January 2009, 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.
2 By letter lodged at the Registry of the Court on 14 January 2009, the defendant informed the Court that it had no observations on the application for discontinuance.
3 The case will therefore be removed from the register. The decision as to costs incurred in relation to the interim measures proceedings is reserved, pending the final judgment closing the case.
On those grounds,
THE PRESIDENT OF THE COURT OF FIRST INSTANCE
hereby orders:
1. Case T-434/08 R is removed from the register of the Court of First Instance.
2. The costs are reserved.
Luxembourg, 15 January 2009.