ORDER OF THE PRESIDENT OF THE FIRST CHAMBER OF THE GENERAL COURT
21 January 2011(1)
(Removal from the register)
In Case T-416/06,
Sumitomo Chemical Agro Europe SAS, established in Lyon (France), represented by K. Van Maldegem and C. Mereu, lawyers,
applicant,
v
European Commission, represented by L. Parpala and B. Doherty, acting as Agents,
defendant,
European Crop Protection Association (ECPA), established in Brussels (Belgium), represented by D. Waelbroeck and N. Rampal, lawyers,
intervener,
ANNULMENT in part of Commission Directive 2006/132/EC of 11 December 2006 amending Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market, with a view to include procymidone as an active substance (OJ 2006 L 349, p. 22).
1 By letter lodged at the Registry of the General Court on 21 December 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 5 January 2011, the defendant informed the Court that it does not oppose the application for discontinuance. The defendant requested, pursuant to Article 87(5) of the Rules of Procedure, that the applicant be ordered to pay the costs of the proceedings.
3 By letter lodged at the Registry of the Court on 10 January 2011, the intervener informed the Court that it does not have any observations on the application for discontinuance. It sought no order as to costs.
4 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 applied for the costs to be borne by the applicant. The applicant and intervener sought no order as to costs.
5 The case will therefore be removed from the register and the applicant ordered to bear its own costs and those incurred by the defendant, and the intervener ordered to bear its own costs.
On those grounds,
THE PRESIDENT OF THE FIRST CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-416/06 is removed from the register of the General Court.
2. The applicant shall bear its own costs and those incurred by the defendant.
3. The intervener shall bear its own costs.
Luxembourg, 21 January 2011.