ORDER OF THE PRESIDENT OF THE SEVENTH CHAMBER
OF THE COURT OF FIRST INSTANCE
3 March 2009 (*)
(Removal from the register)
In Case T-157/07,
People’s Mojahedin Organization of Iran, established in Auvers-sur-Oise, (France), represented by J.-P. Spitzer, lawyer and D. Vaughan QC,
applicant,
v
Council of the European Union, represented by M. Bishop and
E. Finnegan, acting as Agents,
defendant,
supported by
United Kingdom of Great Britain and Northern Ireland, represented by
V. Jackson, acting as Agent,
and by
Commission of the European Communities, represented initially by S. Boelaert and J. Aquilina, and subsequently by S. Boelaert and P. Aalto, acting as Agents,
APPLICATION, first, for annulment of the Council’s decision not to re-examine within six months Council Decision 2006/379 of 29 May 2006, implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decision 2005/930/EC (OJ 2006 L 144, p. 21) and of the decision to continue to include the applicant’s name in the list of persons, groups and entities to which those provisions apply, in disregard of the Court of First Instance’s judgment of 12 December 2006 in Case T-228/02 (ECR p. II-4665) and, second, a claim for damages.
1 By letter lodged at the Registry of the Court of First Instance on
18 December 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. It sought no order as to costs.
2 By letter lodged at the Registry of the Court on 29 January 2009, the defendant informed the Court that it had no objections to the application to discontinue the proceedings. It sought no order as to costs. Nevertheless, it informed the Court that it had no objections as to the parties bearing their own costs in accordance with Article 87(5) of the Rules of Procedure.
3 The interveners did not lodge any observations on the application to discontinue the proceedings.
4 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.
5 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.
6 The case will therefore be removed from the register and, as costs were not applied for, the parties ordered to bear their own costs.
On those grounds,
THE PRESIDENT OF THE SEVENTH CHAMBER
OF THE COURT OF FIRST INSTANCE
hereby orders:
1. Case T-157/07 is removed from the register of the Court of First Instance.
2. The parties shall bear their own costs.
Luxembourg, 3 March 2009.