ORDER OF THE PRESIDENT OF THE SEVENTH CHAMBER OF THE COURT OF FIRST INSTANCE
6 December 2007 (*)
(Removal from the register)
In Case T-271/06,
Microsoft Corporation, established in Redmond, Washington (United States), represented by I. Forrester, QC, D. Hull, solicitor, J. F. Bellis and G. M. Berrisch lawyers,
applicant,
supported by
The Computing Technology Industry Association, Inc., established in Oakbrook Terrace, Illinois (United States), represented by G. van Gerven and T. Franchoo, lawyers,
Association for Competitive Technology, established in Washington DC (United States), represented by S. Kinsella and K. Daly, solicitors,
interveners,
v
Commission of the European Communities, represented by F. Castillo de la Torre, V. Di Bucci, P. Hellström and A. Whelan, acting as Agents,
defendant,
supported by
International Business Machines Corporation, established in New York (United States), represented by M. Dolmans and T. Graf, lawyers,
Software & Information Industry Association, established in Washington DC (United States), represented by N. Dodoo, D. Paemen, T. Vinje, D. Dakanalis and A. Tomtsis, lawyers,
European Committee for Interoperable Systems, established in Brussels (Belgium), represented by N. Dodoo, M. Dolmans and T. Vinje, lawyers,
Oracle Corporation, established in Redwood Shores (United States), represented by T. Vinje, D. Paemen and N. Dodoo, lawyers,
and
Red Hat Inc., established in Raleigh (United States), represented by
C.- D. Ehlermann, S. Völcker, lawyers and C. O’Daly, solicitor,
interveners,
APPLICATION for Annulment of Commission Decision C (2006) 3143 final of 12 July 2006 fixing the final amount of the daily penalty payment imposed on Microsoft by Decision C (2005) 4420 final and amending that Decision as regards the amount of the penalty imposed (Case COMP/C-3/37.792 – Microsoft), and also, as a subsidiary plea, annulment or reduction of the amount of the penalty imposed.
1 By letter lodged at the Registry of the Court of First Instance on 24 October 2007, the applicant informed the Court, in accordance with Article 99 of the Rules of Procedure of the Court of First Instance, that it wishes to discontinue proceedings. It sought no order as to costs.
2 By letter lodged at the Registry of the Court of First Instance on 7 November 2007, the defendant informed the Court that it has no objections concerning the discontinuance of the proceedings. It sought no order as to costs.
3 By letter lodged at the Registry of the Court of First Instance on 7 November 2007, the intervener, International Business Machines Corporation, informed the Court that it has no objections concerning the discontinuance of the proceedings and requested that the costs of the proceedings be borne by the applicant.
4 By letter lodged at the Registry of the Court of First Instance on 8 November 2007, the intervener, European Committee for Interoperable Systems, informed the Court that it has no objections concerning the discontinuance of the proceedings and requested that the costs of the proceedings be borne by the applicant.
5 By letter lodged at the Registry of the Court of First Instance on 8 November 2007, the intervener, Software & Information Industry Association, informed the Court that it has no objections concerning the discontinuance of the proceedings and requested that the applicant bear the costs incurred by the intervener, since the application for discontinuance cannot be justified by or attributed to the Commission’s conduct or that of any intervener in support of the Commission.
6 By letter lodged at the Registry of the Court of First Instance on 9 November 2007, the intervener, Oracle Corporation, informed the Court that it has no objections concerning the discontinuance of the proceedings and requested that the costs of the proceedings be borne by the applicant.
7 The interveners, The Computing Technology Industry Association, Association for Competitive Technology, Inc. and Red Hat Inc. have not lodged any observations on the application for discontinuance of the proceedings.
8 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 interveners, International Business Machines Corporation, European Committee for Interoperable Systems, Software & Information Industry Association and Oracle Corporation requested that the costs of the proceedings be borne by the applicant.
9 Article 87(5), third subparagraph, provides that if costs are not applied for, the parties shall bear their own costs. In the present case, the applicant, the defendant and the interveners, The Computing Technology Industry Association, Association for Competitive Technology, Inc. and Red Hat Inc. have not lodged any observations regarding the costs.
10 It is, therefore, appropriate to order that the applicant bear its own costs and the costs incurred by the interveners, International Business Machines Corporation, European Committee for Interoperable Systems, Software & Information Industry Association and Oracle Corporation. The defendant and the interveners, The Computing Technology Industry Association, Association for Competitive Technology, Inc. and Red Hat Inc. shall bear their own costs.
On those grounds,
THE PRESIDENT OF THE SEVENTH CHAMBER OF THE COURT OF FIRST INSTANCE
hereby orders:
1. Case T-271/06 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 interveners, International Business Machines Corporation, European Committee for Interoperable Systems, Software & Information Industry Association and Oracle Corporation.
3. The defendant and the interveners, The Computing Technology Industry Association, Association for Competitive Technology, Inc. and Red Hat Inc. shall bear their own costs.
Luxembourg, 6 December 2007.