ORDER OF THE PRESIDENT OF THE FOURTH CHAMBER
OF THE GENERAL COURT
1 March 2010 (1)
(Removal from the register)
In Case T-196/09,
TerreStar Europe Ltd, established in London (United Kingdom), represented by R. Olofsson, lawyer and J. Killick, Barrister,
applicant,
v
European Commission, represented by G. Braun and A. Nijenhuis, acting as Agents, assisted by K. Platteau and D. Van Liedekerke, lawyers,
defendant,
APPLICATION for annulment of Commission Decision C (2009) 3746 final/2 of 13 May 2009 regarding the selection of operators of pan-European systems providing mobile satellite services (MSS), adopted in application of the Decision No 626/2008/EC (OJ 2008 L 172, p. 15), in so far as it rejects the applicant’s application.
1 By letter lodged at the Registry of the General Court on 22 December 2009, the applicant informed the Court, in accordance with Article 99 of the Rules of procedure, that it wished to discontinue proceedings and that the question of costs had been the subject of an agreement between the parties, according to which the applicant shall bear its own and the Commission’s costs.
2 By letter lodged at the Registry of the Court on 12 January 2010, the defendant informed the Court that it had no objection to the discontinuance of the case and requested that, in accordance with Article 87(5) of the Rules of Procedure and with the agreement between the parties, the applicant be ordered to bear the costs.
3 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.
4 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 FOURTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-196/09 is removed from the register of the General Court.
2. The applicant shall bear its own costs and the costs incurred by the defendant in accordance with their agreement.
Luxembourg, 1 March 2010.