ORDER OF THE PRESIDENT OF THE SECOND CHAMBER OF THE COURT OF FIRST INSTANCE
19 March 2009 (*)
(Removal from the register)
In joined Cases T-349/07,
FMC Chemical SPRL, established in Brussels (Belgium),
SATEC Handelsgesellschaft mbH, established in Elmshorn (Germany),
Belchim Crop Protection NV, established in Londerzeel (Belgium),
FMC Foret SA, established in Sant Cugat del Valles (Kingdom of Spain),
F&N Agro Slovensko spol. s.r.o., established in Bratislava (Slovakia),
F&N Agro Ceská republika spol. s.r.o., established in Prague (Czech Republic),
F&N Agro Polska sp. z o.o., established in Warsaw (Poland),
FMC Corp., established in Philadelphia, Pennsylvania (United States),
represented by K. Van Maldegem and C. Mereu, lawyers,
applicants,
and T-350/07,
FMC Chemical SPRL, established in Brussels (Belgium),
Arysta Lifesciences SAS, established in Noguères (French Republic),
Belchim Crop Protection NV, established in Londerzeel (Belgium),
FMC Foret SA, established in Sant Cugat del Valles (Kingdom of Spain),
F&N Agro Slovensko spol. s.r.o., established in Bratislava (Slovakia),
F&N Agro Ceská republika spol. s.r.o., established in Prague (Czech Republic),
F&N Agro Polska sp. z o.o., established in Warsaw (Poland),
FMC Corp., established in Philadelphia, Pennsylvania (United States),
represented by K. Van Maldegem and C. Mereu, lawyers,
applicants,
v
Commission of the European Communities, represented by L. Parpala and B. Doherty, acting as Agents,
defendant,
supported by,
Kingdom of Belgium, represented by T. Materne and R. Depla, acting as Agents,
APPLICATION for annulment of Commission Decision 2007/415/EC of 13 June 2007 concerning the non-inclusion of carbosulfan in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance (OJ 2007 L 156, p. 28).
1 By letter lodged at the Registry of the Court of First Instance on 17 February 2009, the applicants informed the Court in accordance with Article 99 of the Rules of Procedure of the Court of First Instance that they wished to discontinue proceedings.
2 By letter lodged at the Registry of the Court on 23 February 2009, the defendant informed the Court that it had no observations on the withdrawal and requested, pursuant to Article 87(5) of the Rules of Procedure, that the applicants be ordered to pay their own costs and the costs incurred by the defendant. The defendant further denied the existence of any amicable settlement between the parties either concerning the substance of the proceedings or on the costs.
3 The intervener, the Kingdom of Belgium did not lodge any observations on the withdrawal.
4 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. In the present case, the defendant applied for the costs to be borne by the applicants. Pursuant to Article 87(4) of the Rules of Procedure, the intervener shall bear its own costs.
5 The case will therefore be removed from the register and the applicants be ordered to pay their own costs and the costs incurred by the defendant. The intervener will bear its own costs.
On those grounds,
THE PRESIDENT OF THE SECOND CHAMBER OF THE COURT OF FIRST INSTANCE
hereby orders:
1. Joined Cases T-349/07 and T-350/07 are removed from the register of the Court of First Instance.
2. The applicants shall bear their own costs and the costs incurred by the defendant.
3. The intervener, the Kingdom of Belgium, shall bear its own costs.
Luxembourg, 19 March 2009.