ORDER OF THE PRESIDENT OF THE SECOND CHAMBER OF THE COURT OF FIRST INSTANCE
4 November 2008 (*)
(Removal from the register)
In Case T-275/06,
Omya AG, established in Oftringen (Switzerland), represented by J. Flynn QC, C. Ahlborn, Solicitor and C. Berg, Solicitor,
applicant,
v
Commission of the European Communities, represented by X. Lewis, V. Di Bucci and R. Sauer, acting as Agents,
defendant,
supported by,
Mineral Technologies Inc., established in New York (United States), represented by S. Hiltunen, lawyer,
intervener,
APPLICATION for annulment of Commission Decision C (2006) 3163 Final of 19 July 2006 declaring a concentration compatible with the common market and the functioning of the EEA Agreement (Case COMP/M.3796 – OMYA/JM HUBER PCC) (OJ 2007 L 72, p.24).
1 By letter lodged at the Registry of the Court of First Instance on 1 October 2008, 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 requested that the intervener be ordered to bear its own costs.
2 By letter lodged at the Registry of the Court on 7 October 2008, the defendant informed the Court that it had no objection to the discontinuance and requested that, in accordance with Article 87(5) of the Rules of Procedure, the applicant be ordered to pay the costs.
3 By letter lodged at the Registry of the Court on 16 October 2008, the intervener informed the Court that it had no objection to the discontinuance. It sought no order as to costs.
4 The first subparagraph of Article 87(5) of the Rules of Procedure provides that a party who discontinues or withdraws from proceedings shall be ordered to pay the costs if they have been applied for in the observations of the other party on the discontinuance. The third subparagraph of Article 87(5) of the Rules of Procedure provides that, where proceedings are discontinued and costs are not applied for, the parties are to bear their own costs. In the present case, the defendant has requested that the applicant bear the costs. The intervener sought no order as to costs.
5 The case will therefore be removed from the register, the applicant ordered to bear its own costs and the costs of defendant. The intervener will bear its own costs.
On those grounds,
THE PRESIDENT OF THE SECOND CHAMBER OF THE COURT OF FIRST INSTANCE
hereby orders:
1. Case T-275/06 is removed from the register of the Court of First Instance.
2. The applicant shall bear its own costs and the costs of defendant.
3. The intervener shall bear its own costs.
Luxembourg, 4 November 2008.