ORDER OF THE PRESIDENT OF THE SIXTH CHAMBER OF THE COURT OF FIRST INSTANCE
9 July 2009 (1)
(Removal from the register)
In Case T-180/09,
Lionbridge International, established in Dublin (Ireland), represented by C. Thomas, C. Kennedy-Loest, Solicitors and N. Pourbaix, lawyer,
applicant,
v
Commission of the European Communities, represented by M. Wilderspin and E. Manhaeve, acting as Agents,
defendant,
APPLICATION for annulment of the Commission decision to exclude the applicant from the award of the contract concerned by the call for tenders
‘B-Brussels - Translation of documents relating to the policies and administration of the European Union’ (OJ 2008/S 219494 219517), following a finding by the contracting authority of grave professional misconduct.
1 By letter lodged at the Registry of the Court of First Instance on 24 June 2009, 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 proceedings and requested, pursuant to Article 99 of the Rules of Procedure, that each party bears its own costs.
2 By letter lodged at the Registry of the Court on 7 July 2009, the defendant informed the Court that it had no objection to the discontinuance and that it agreed with the applicant’s request that each party bears it own costs.
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.
4 The third subparagraph of Article 87(5) of the Rules of Procedure provides that, where proceedings are discontinued and costs are not applied for, the parties are to bear their own costs. In the present case, the defendant agreed with the applicant’s request that each party bears it own costs.
5 The case will therefore be removed from the register and having regard to the fact that the defendant did not request the applicant to bear the entire costs of the proceedings, each party shall bear its own costs.
On those grounds,
THE PRESIDENT OF THE SIXTH CHAMBER OF THE COURT OF FIRST INSTANCE
hereby orders:
1. Case T-180/09 is removed from the register of the Court of First Instance.
2. Each party shall bear its own costs.
Luxembourg, 9 July 2009.