ORDER OF THE PRESIDENT OF THE SEVENTH CHAMBER OF THE COURT OF FIRST INSTANCE
27 November 2009 (1)
(Removal from the register)
In Case T-121/06,
Sellafield Ltd, formerly British Nuclear Group Sellafield Ltd, established in Sellafield (United Kingdom), represented by A. Renshaw, J. Isted, G. Bushell, R. Plender and J. Percival, lawyers,
applicant,
supported by
United Kingdom of Great Britain and Northern Ireland, represented by C. Gibbs, acting as Agent,
intervener,
v
Commission of the European Communities, represented by M. Patakia and X. Lewis, acting as Agents,
defendant,
APPLICATION for annulment of Commission Decision C(2006) 412 final of 15 February 2006 on a procedure in application of Article 83 of the Euratom Treaty (BNG Sellafield Limited), addressed to British Nuclear Group Sellafield.
1 By letter lodged at the Registry of the Court of First Instance on 15 October 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 and that the question of costs had been the subject of an agreement between the main parties, according to which each of them will bear its own costs.
2 By letter lodged at the Registry of the Court on 4 November 2009, the defendant informed the Court that it agreed with the request for discontinuance and that each party should bear its own costs.
3 The intervener did not lodge any observations with regard to the discontinuance of the case.
4 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. Pursuant to the third subparagraph of the abovementioned provision, if costs are not applied for, the parties shall bear their own costs.
5 The case will therefore be removed from the register and the order for costs applying to the main parties shall be in accordance with the agreement.
6 As far as the intervener is concerned, it shall bear its own costs.
On those grounds,
THE PRESIDENT OF THE SEVENTH CHAMBER OF THE COURT OF FIRST INSTANCE
hereby orders:
1. Case T-121/06 is removed from the register of the Court of First Instance.
2. Each party shall bear its own costs.
Luxembourg, 27 November 2009.