ORDER OF THE PRESIDENT OF THE FIFTH CHAMBER OF THE GENERAL COURT
28 October 2010 (1)
(Removal from the register)
In Case T-299/10,
Babcock Noell GmbH, established in Würzburg (Germany), represented by M. Werner and C. Ebrecht, lawyers,
applicant,
v
The European joint undertaking for ITER and the Development of Fusion Energy, represented by A. Verpont, acting as Agent, assisted by C. Kennedy-Loest, K. Wilson and C. Thomas, Solicitors, and N. Pourbaix, lawyer,
defendant,
ANNULMENT of the decisions taken by the defendant on 1 July 2010, in the context of a procurement procedure “F4E-2009-OPE (MS-MG) – Supply contract of ITER Toroidal Field Coils winding packs” (OJ 2009/S 142-207843), as well as the defendant’s decision of 2 July 2010 to award Lot D of the contract to another tenderer.
1 By letter lodged at the Registry of the General Court on 24 September 2010, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure that it wished to discontinue proceedings.
2 By letter lodged at the Registry of the Court on 14 October 2010, the defendant informed the Court that it had no objections to discontinue proceedings. The defendant requested that the applicant should be ordered to bear the costs of the proceedings, including those relating to the proceedings for interim measures.
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 applied for the costs to be borne by the applicant.
4 The case will therefore be removed from the register and the applicant ordered to pay the costs.
On those grounds,
THE PRESIDENT OF THE FIFTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-299/10 is removed from the register of the General Court.
2. The applicant shall bear the costs, including those relating to the proceedings for interim measures.
Luxembourg, 28 October 2010.