ORDER OF THE PRESIDENT OF THE SECOND CHAMBER
OF THE COURT OF FIRST INSTANCE
13 July 2006 (*)
(Removal from the Register)
In Case T-15/04,
Sandoz GmbH, established in Kundl (Austria), represented by C. Thomas, N. Dagg, Solicitors, and B. Oostling, lawyer,
applicant,
v
Commission of the European Communities, represented by B. Stromsky and X. Lewis, acting as agents, with an address for service in Luxembourg,
defendant,
APPLICATION for annulment of the Commission's decision of 14 November 2003 refusing to authorise the placing on the market of "Omnitrop", a medicinal product for human use, on the grounds that the request for the authorisation does not satisfy the conditions laid down in Article 10(1)(a)(ii) of Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ 2001 L 311, p. 67),
THE PRESIDENT OF THE SECOND CHAMBER
OF THE COURT OF FIRST INSTANCE
OF THE EUROPEAN COMMUNITIES
makes the following
Order
1 By letter lodged at the Court Registry on 9 June 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 and that the parties have come to an agreement in relation to costs, according to which each party will bear its own costs.
2 By letter lodged at the Court Registry on 21 June 2006, the defendant indicated to the Court of First Instance that it welcomed the discontinuance and confirmed that it had agreed with the applicant that each party will bear its own costs.
3 In those circumstances, it is no longer necessary to adjudicate on the application for leave to intervene lodged on 10 May 2004 by Pharmacia Laboratories Limited in support of the form of order sought by the defendant.
4 Article 87(5), second subparagraph, of the Rules of Procedure provides that where discontinuance has been applied for and the parties have come to an agreement on costs, the decision as to costs shall be in accordance with that agreement.
On those grounds,
THE PRESIDENT OF THE SECOND CHAMBER
hereby orders:
1. Case T-15/04 is removed from the register of the Court of First Instance.
2. There is no need to adjudicate on the application for leave to intervene lodged by Pharmacia Laboratories Limited.
3. Each party shall bear its own costs.
Luxembourg, 13 July 2006.