ORDER OF THE PRESIDENT OF THE SEVENTH CHAMBER
OF THE GENERAL COURT
16 December 2009 (1)
(Removal from the register)
In Case T-401/04,
Bactria Industriehygiene-Service Verwaltungs GmbH, established in Kirchheimbolanden (Germany), represented by K. Van Maldegem and C. Mereu, lawyers,
applicant,
v
European Commission, represented initially by X. Lewis and D. Recchia, and subsequently by P. Oliver and G. Wilms, acting as Agents,
defendant,
APPLICATION for failure to act seeking a declaration that the Commission unlawfully failed to act by not taking a position on the applicant’s request for amendment of certain provisions in Commission Regulation (EC) No 1896/2000 of 7 September 2000 (OJ 2000 L 228, p. 6) and Commission Regulation (EC)
No 2032/2003 of 4 November 2003 (OJ 2003 L 307, p. 1) in respect of Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998
(OJ 1998 L 123, p. 1) or, in the alternative, for annulment of the Commission’s decision of 20 July 2004 rejecting the applicant’s request, and a claim for compensation for the damage allegedly suffered by the applicant as a result of the Commission’s conduct.
1 By letter lodged at the Registry of the General Court on 30 October 2009, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure that it wished to discontinue proceedings.
2 By letter lodged at the Registry on 25 November 2009, the defendant informed the Court that it had no objections to the application to discontinue the proceedings and requested that the costs be borne by the applicant pursuant to Article 87(5) of the Rules of Procedure, since the withdrawal could not be attributed to the conduct of the defendant.
3 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. In the present case, the defendant requested the applicant to bear the costs.
4 The case will therefore be removed from the register and the applicant will be ordered to pay the costs.
On those grounds,
THE PRESIDENT OF THE SEVENTH CHAMBER
OF THE GENERAL COURT
hereby orders:
1. Case T-401/04 is removed from the register of the General Court.
2. The applicant shall bear the costs.
Luxembourg, 16 December 2009.