ORDER OF THE PRESIDENT OF THE FIFTH CHAMBER
OF THE COURT OF FIRST INSTANCE
1 December 2006(*)
(Removal from the Register)
In Case T-391/05,
Commission of the European Communities, represented by L. Flynn, acting as Agent,
applicant,
v
Reagecon Diagnostics Ltd, represented by D. O'Keeffe, Solicitor,
defendant,
APPLICATION brought under an arbitration clause for an order that the defendant repay part of the total sum advanced by the Community in performance of Contract No MAS3-CT-1998-0177, concluded within the framework of Council Decision 94/804/EC of 23 November 1994 adopting a specific programme of research and technological development, including demonstration, in the field of marine science and technology (1994 to 1998) (OJ 1994 L 334, p. 59).
THE PRESIDENT OF THE FIFTH CHAMBER
OF THE COURT OF FIRST INSTANCE
OF THE EUROPEAN COMMUNITIES
makes the following
Order
1 By letter lodged at the Court Registry on 10 November 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 side shall bear its own costs.
2 By letter lodged at the Court Registry on 20 November 2006, the defendant indicated to the Court of First Instance that it has no objections to the request to discontinue the proceedings. The defendant further confirms that a settlement has been reached between the parties.
3 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 FIFTH CHAMBER
hereby orders:
1. Case T-391/05 is removed from the register of the Court of First Instance.
2. The parties shall bear their own costs.
Luxembourg, 1 December 2006.