ORDER OF THE PRESIDENT OF THE THIRD CHAMBER OF THE GENERAL COURT
24 March 2010 (1)
(Removal from the register)
In Case T-428/09,
Berenschot Groep BV, established in Utrecht (Netherlands), represented by B. O’Connor, Solicitor,
applicant,
v
European Commission, represented by A. Bordes and L. Prete, acting as Agents,
defendant,
ANNULMENT of the Commission decision of 11 August 2009 rejecting the tender submitted by the applicant in the EuropAid/127054/C/SER/Multi call for tenders procedure, concerning the multiple framework contract relating to the provision of short-term services in the exclusive interest of third countries benefiting from Commission External Aid (OJ 2008/S 90-121428) and annulment of the Commission decision rejecting in part the applicant’s request for access to the report of the evaluation committee in that procedure.
1 By letter lodged at the Registry of the General Court on 8 March 2010, the applicant informed the Court, in accordance with Article 99 of the Rules of Procedure, that it wished to discontinue proceedings. It sought no order as to costs.
2 By letter lodged at the Registry of the Court on 16 March 2010, the defendant informed the Court that it has no observations for discontinuance. It sought no order as to costs.
3 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.
4 The case will therefore be removed from the register and, in the absence of any claim in that regard, the parties ordered to bear their own costs.
On those grounds,
THE PRESIDENT OF THE THIRD CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-428/09 is removed from the register of the General Court.
2. Each party shall bear its own costs.
Luxembourg, 24 March 2010.