ORDER OF THE PRESIDENT OF THE FIFTH CHAMBER
OF THE COURT OF FIRST INSTANCE
6 July 2006 (*)
(Removal from the Register)
In Case T-372/05,
Giant (China) Co., Ltd, established in Kunshan City (China), represented by P. De Baere and B. Servais, lawyers,
applicant,
v
Council of the European Union, represented by J.-P. Hix, acting as Agent, assisted by G. Berrisch, lawyer,
defendant,
Commission of the European Communities, represented by E. Righini and K. Talabér-Ricz, acting as Agents,
intervener,
APPLICATION for annulment of Council Regulation (EC)
No 1095/2005 of 12 July 2005 imposing a definitive anti-dumping duty on imports of bicycles originating in Vietnam and amending Regulation (EC) No 1524/2000 imposing a definitive anti-dumping duty on imports of bicycles originating in the People's Republic of China,
THE PRESIDENT OF THE FIFTH CHAMBER
OF THE COURT OF FIRST INSTANCE
OF THE EUROPEAN COMMUNITIES
makes the following
Order
1 By letter lodged at the Court Registry on 24 May 2006, the applicant informed the Court of First Instance, in accordance with Article 99 of the Rules of Procedure of the Court of First Instance, that it wishes to discontinue the proceedings. The applicant made no application in relation to costs.
2 By letter lodged at the Court Registry on 12 June 2006, the defendant indicated to the Court of First Instance that it has no objections to the request to discontinue the proceedings and requested as provided by Article 87(5) of the Rules of Procedure that its costs be borne by the applicant.
3 The intervener did not lodge any observations on the application to discontinue the proceedings.
4 Article 99 of the Rules of Procedure provides that upon an application to discontinue the proceedings, the President shall order the case to be removed from the Register and shall give a decision as to costs in accordance with Article 87(5).
5 Article 87(5), first subparagraph, of the Rules of Procedure, provides that the party who discontinues or withdraws from proceedings be ordered to bear 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 costs of the proceedings be borne by the applicant.
6 Article 87(4) of the Rules of procedure provides that the Member States and institutions which intervened in the proceedings shall bear their own costs.
7 It is therefore appropriate to order that the applicant bears its own costs and those of the defendant. The Commission shall bear its own costs.
On those grounds,
THE PRESIDENT OF THE FIFTH CHAMBER
hereby orders:
1. Case T-372/05 is removed from the register of the Court of First Instance.
2. The applicant shall bear its own costs and the costs incurred by the defendant.
3. The intervener shall bear its own costs.
Luxembourg, 6 July 2006.