ORDER OF THE PRESIDENT OF THE SEVENTH CHAMBER OF THE COURT OF FIRST INSTANCE
2 July 2008 (*)
(Removal from the register)
In Case T-41/08,
Vakakis International – Symvouloi gia Agrotiki Anaptixi AE, established in Athens (Greece), represented by B. O’Connor, Solicitor,
applicant,
v
Commission of the European Communities, represented by M. Wilderspin and G. Boudot, acting as Agents,
defendant,
Annulment of the decision of the Commission of 6 December 2007 not to invite the consortium headed by the applicant to an interview in the tender procedure in EuropeAid/125241/C/SER/CY for the provision of technical assistance to support rural development policy in favour of the Turkish-Cypriot community (OJ 2007/S 46-055815), together with annulment of the decision of the Commission of 21 December 2007 rejecting the tender submitted by the applicant in respect of that tender procedure.
1 By letter lodged at the Registry of the Court of First Instance on 2 June 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 requested, pursuant to Article 87(5) of the Rules of Procedure, that it should not bear the costs incurred by the applicant to intervene, Agriconsulting SA.
2 By letter lodged at the Registry of the Court on 13 June 2008, the defendant informed the Court that it had no objection to the discontinuance and requested that, in accordance with Article 87(5) of the Rules of Procedure, the applicant be ordered to pay the costs.
3 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 requested that the applicant bear the costs.
4 The case will therefore be removed from the register and the applicant ordered to pay the costs incurred by the defendant.
5 In those circumstances, it is no longer necessary to rule upon the application for leave to intervene lodged by Agriconsulting SA in support of the form of order sought by the defendant.
On those grounds,
THE PRESIDENT OF THE SEVENTH CHAMBER OF THE COURT OF FIRST INSTANCE
hereby orders:
1. Case T-41/08 is removed from the register of the Court of First Instance.
2. The applicant shall bear the costs incurred by the defendant.
3. There is no need to rule upon the application for leave to intervene lodged by Agriconsulting SA.
Luxembourg, 2 July 2008.