ORDER OF THE PRESIDENT OF THE FIRST CHAMBER OF THE COURT OF FIRST INSTANCE
27 November 2008 (*)
(Removal from the register)
In Case T-330/07,
Kuiburi Fruit Canning Co., Ltd, established in Bangkok (Thailand), represented by F. Graafsma and J. Cornelis, lawyers,
applicant,
v
Council of the European Union, represented by J.-P. Hix, acting as Agent, assisted by G. Berrisch, lawyer,
defendant,
APPLICATION for annulment of Council Regulation (EC) No 682/2007 of 18 June 2007 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain prepared or preserved sweetcorn in kernels originating in Thailand (OJ 2007 L 159, p. 14).
1 By letter lodged at the Registry of the Court of First Instance on 22 October 2008, the applicant informed the Court, in accordance with Article 99 of the Rules of Procedure of the Court of First Instance, 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 each party will bear its own costs.
2 By letter lodged at the Registry of the Court on 10 November 2008, the defendant informed the Court that it had no objections to the discontinuance of the case. The defendant confirmed that the parties had reached an agreement pursuant to Article 87(5) second subparagraph of the Rules of Procedure, according to which each party will bear its own 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 decision 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.
5 In those circumstances, it is no longer necessary to rule upon the applications for leave to intervene lodged by the French Republic, the Commission of the European Communities, Conserve Italia Soc. Coop., Compagnie générale de conserve SA and by Bonduelle Conserves International SAS and Bonduelle Nagykőrös Kft in support of the form of order sought by the defendant.
On those grounds,
THE PRESIDENT OF THE FIRST CHAMBER OF THE COURT OF FIRST INSTANCE
hereby orders:
1. Case T-330/07 is removed from the register of the Court of First Instance.
2. Each party will bear its own costs.
3. There is no need to rule upon the applications for leave to intervene lodged by the French Republic, the Commission of the European Communities, Conserve Italia Soc. Coop., Compagnie générale de conserve SA and by Bonduelle Conserves International SAS and Bonduelle Nagykőrös Kft.
Luxembourg, 27 November 2008.