ORDER OF THE PRESIDENT OF THE FOURTH CHAMBER OF THE COURT OF FIRST INSTANCE
27 November 2007 (*)
(Removal from the register)
In Case T-313/05,
Microsoft Corporation, established in Redmond (Unites States of America), represented by I. Forrester, Q.C. and J. F. Bellis, lawyer,
applicant,
v
Commission of the European Communities, represented by F. Castillo de la Torre, P. Hellström, A. Whelan, acting as Agents,
defendant,
ANNULMENT of the Commission’s Decision of 1 June 2005 setting out its position on the obligations imposed on the applicant by Article 5 of the Decision of 24 March 2004 relating to a proceeding under Article 82 EC (Case COMP/C-3/37.792 Microsoft) concerning the conditions of competition in the markets for work group server operating systems and media players,
1 By letter lodged at the Registry of the Court of First Instance on 24 October 2007, 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 the proceeding. It sought no order as to costs.
2 By letter lodged at the Registry of the Court of First Instance on 7 November 2007, the defendant informed the Court that it had no observations to make on the applicant’s request to discontinue the proceeding. It sought no order as to costs.
3 Pursuant to the third subparagraph of Article 87(5) of the Rules of Procedure, where proceedings are discontinued and costs are not applied for, the parties are to bear their own costs.
4 As the defendant has raised no objection to the applicant’s request to discontinue, the case will be removed from the register and, in the absence of any claim in that regard, the parties will be ordered to bear their own costs.
5 In those circumstances, it is no longer necessary to rule upon the applications for leave to intervene lodged by Computing Technology Industry Association Inc., Association for Competitive Technology, Stockholms Handelskammares Serviceaktiebolag, Föreningen Svensk Programvaruindustri, Boom Software AG and Others, The Thames Valley Chamber of Commerce and Industry, Fédération Internationale des Conseils en Propriété Intellectuelle, The British Chamber of Commerce and The Hungarian National Committee of the International Chamber of Commerce and Magyar Feltalálók Egyesülete in support of the form of order sought by the applicant and by Free Software Foundation Europe, Software & Information Industry Association, European Committee for Interoperable Systems in support of the form of order sought by the defendant.
On those grounds,
THE PRESIDENT OF THE FOURTH CHAMBER OF THE COURT OF FIRST INSTANCE
hereby orders:
1. Case T-313/05 is removed from the register of the Court of First Instance.
2. Each party shall bear its own costs.
3. There is no need to rule upon the applications for leave to intervene lodged by Free Software Foundation Europe, Software & Information Industry Association, Computing Technology Industry Association Inc., European Committee for Interoperable Systems, Association for Competitive Technology, Stockholms Handelskammare, Föreningen Svensk Programvaruindustri, Boom Software AG and Others, The Thames Valley Chamber of Commerce and Industry, Fédération Internationale des Conseils en Propriété Intellectuelle, The British Chamber of Commerce and The Hungarian National Committee of the International Chamber of Commerce, Magyar Feltalálók Egyesülete.
Luxembourg, 27 November 2007.