ORDER OF THE PRESIDENT OF THE SECOND CHAMBER OF THE GENERAL COURT
16 February 2011(1)
(Removal from the register)
In Case T-5/10,
European Commission, represented by A.-M. Rouchaud-Joët and S. Petrova, acting as Agents, assisted by P. Hermant and G. van de Walle de Ghelcke, lawyers,
applicant,
v
Earthscan Ltd, established in Kent (United Kingdom), represented by E. Laevens and Y. Torreele, lawyers,
defendant,
ACTION based on an arbitration clause requesting that the defendant be ordered to reimburse a part of the advance paid by the applicant, together with default interests, as a result of the non-performance of contract No 4.1030/Z/01‑035/2001 for the development, the publication and the dissemination of a guide on renewable energy (project « Guide for Renewable Energy installations to promote biomass, photovoltaics and solar thermal in the EU ») concluded in the framework of the ALTENER programme (Decision No 646/2000/EC of the European Parliament and of the Council of 28 February 2000 adopting a multiannual programme for the promotion of renewable energy sources in the Community, OJ 2000 L 79, p.1).
1 By letter lodged at the Registry of the General Court on 1 February 2011, the applicant and the defendant informed the Court, in accordance with Article 98 of the Rules of Procedure, that they had reached a settlement of their dispute and that they abandon their claims. They further informed the Court that the question of costs had been the subject of an agreement between the parties, according to which each party will bear its own costs.
2 The second subparagraph of Article 87(5) of the Rules of Procedure provides that, where proceedings are discontinued and the parties have come to an agreement on costs, the order for costs shall be in accordance with that agreement.
3 The case will therefore be removed from the register and the order for costs shall be as agreed between the parties.
On those grounds,
THE PRESIDENT OF THE SECOND CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-5/10 is removed from the register of the General Court.
2. The applicant and the defendant shall bear their own costs.
Luxembourg, 16 February 2011.