ORDER OF THE PRESIDENT OF THE FIFTH CHAMBER
OF THE COURT OF FIRST INSTANCE
1 February 2008 (*)
(Removal from the register)
In Case T-430/04,
Nomura Principal Investment plc, established in London (United Kingdom), represented by C-D. Ehlermann, F. Louis, A. Vallery and G.A. Gutermuth, lawyers,
applicant,
Nomura International plc, established in London (United Kingdom), represented by C.-D. Ehlermann, F. Louis, A. Vallery and G.A. Gutermuth, lawyers,
applicant,
v
Commission of the European Communities, represented by N. Khan and V. Di Bucci, acting as Agents, with an address for service in Luxembourg,
defendant,
supported by
Czech Republic, represented by T. Boček, acting as Agent,
intervener,
APPLICATION for annulment of Commission Decision C(2004)2688 of 14 July 2004 on State aid CZ 46/2003 (Czech Republic, Investiční a poštovní banka, a.s./Československá obchodní banka a.s.)
1 By letter lodged at the Registry of the Court of First Instance on 5 December 2007 the applicants informed the Court in accordance with Article 99 of the Rules of Procedure of the Court of First Instance that they wished to discontinue proceedings. The applicants made no application in relation to costs.
2 By letter lodged at the Registry of the Court of First Instance on 14 December 2007, the defendant indicated that it had no objections to the application to discontinue the proceedings and requested that the costs of the proceedings be borne by the applicants pursuant to Article 87(5) of the Rules of Procedure, or alternatively, that the costs of the proceedings up to 30th November 2006 (date of conclusion of a bilateral agreement between the applicants and the intervener) be borne by the applicants and the costs thereafter, including costs incurred by the Court, by virtue of Article 90 (a) of the Rules of Procedure, be borne by the intervener, the Czech Republic.
3 The intervener did not lodge any observations on the application to discontinue the proceedings.
4 According to the first subparagraph of Article 87(5) of the Rules of Procedure, 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.
5 According to Article 87(4) of the Rules of Procedure, the Member States and institutions which intervened in the proceedings shall bear their own costs.
6 The case must therefore be removed from the register and the applicants be ordered to pay their own costs and those of the defendant. The intervener shall bear its own costs.
On those grounds,
THE PRESIDENT OF THE FIFTH CHAMBER
OF THE COURT OF FIRST INSTANCE
hereby orders:
1. Case T-430/04 is removed from the register of the Court of First Instance.
2. The applicants shall bear their own costs and the costs incurred by the defendant.
3. The intervener shall bear its own costs.
Luxembourg, 1 February 2008.