ORDER OF THE PRESIDENT OF THE SEVENTH CHAMBER
OF THE GENERAL COURT
12 January 2010 (1)
(Partial removal from the register)
In Case T-120/08,
Arch Chemicals, Inc., established in Norwalk (United States),
Arch Timber Protection Ltd, established in Castleford (United Kingdom),
Bactria Industriehygiene-Service Verwaltungs GmbH, established in Kirchheimbolanden (Germany),
Rhodia UK Ltd, established in Watford (United Kingdom),
Sumitomo Chemical (UK) plc, established in London (United Kingdom),
Troy Chemical Co. BV established in Vlaardingen (Netherlands),
represented by K. Van Maldegem and C. Mereu, lawyers,
applicants,
v
European Commission, represented by P. Oliver and E. Kružíková, acting as Agents,
defendant,
APPLICATION for partial annulment of Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market and repealing Regulation (EC) No 2032/2003 (OJ 2007, L 325, p. 3).
1 By letter lodged at the Registry of the General Court on
30 October 2009, the applicant, Bactria Industriehygiene-Service Verwaltungs GmbH, informed the Court, in accordance with Article 99 of the Rules of Procedure, that it wished to withdraw its application.
2 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. However, the defendant, not having lodged a defence within the statutory time-limit, has not been invited to submit observations on the partial withdrawal.
3 In these circumstances, it is appropriate to order that the applicant, Bactria Industriehygiene-Service Verwaltungs Gmbh, shall bear its own costs and be removed from the register of the General Court.
On those grounds,
THE PRESIDENT OF THE SEVENTH CHAMBER
OF THE GENERAL COURT
hereby orders:
1. In Case T-120/08, Bactria Industriehygiene-Service Verwaltungs GmbH is removed from the register of the General Court.
2. The applicant, Bactria Industriehygiene-Service Verwaltungs GmbH shall bear its own costs.
Luxembourg, 12 January 2010.