ORDER OF THE PRESIDENT OF THE FOURTH CHAMBER
OF THE COURT OF FIRST INSTANCE
9 November 2006(*)
(Removal from the Register)
In Case T-40/05,
Ritec International Limited, established in Enfield (United Kingdom), represented by P.H.L.M. Kuypers and M.J. Osse, lawyers,
applicant,
v
Commission of the European Communities, represented by U. Wölker and D. Lawunmi, acting as agents,
defendant,
APPLICATION for annulment of the Commission Decision (ENV. C.2/MWA/jr D(2004) 420693) of 23 November 2004 refusing to grant the exemption requested by the United Kingdom for the placing on the market and the use of a hydrochlorofluorocarbon HCFC-141-b, under Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer (OJ 2000 L244, p.1),
THE PRESIDENT OF THE FOURTH CHAMBER
OF THE COURT OF FIRST INSTANCE
OF THE EUROPEAN COMMUNITIES
makes the following
Order
1 By letter lodged at the Court Registry on 16 October 2006, the applicant informed the Court of First Instance, in accordance with Article 99 of the Rules of Procedure of the Court of First Instance, that it wishes to discontinue the proceedings.
2 By letter lodged at the Court Registry on 27 October 2006, the defendant indicated to the Court of First Instance that it had no objection to the discontinuance and requested that, in accordance with Article 87(5) of the Rules of Procedure, the applicant be ordered to pay the costs.
3 Article 87(5), first subparagraph, of the Rules of Procedure, provides that the party who discontinues or withdraws from proceedings be ordered to bear 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 applicant to bear the costs.
4 It is, therefore, appropriate to order that the applicant bears its own costs and the costs incurred by the defendant.
On those grounds,
THE PRESIDENT OF THE FOURTH CHAMBER
hereby orders:
1. Case T-40/05 is removed from the register of the Court of First Instance.
2. The applicant shall bear its own costs and the costs incurred by the defendant.
Luxembourg, 9 November 2006.