ORDER OF THE PRESIDENT OF THE COURT OF FIRST INSTANCE
9 November 2005(*)
(Removal from the Register)
In Case T-310/05 R,
ASTEC Global Consultancy Ltd., established in Dublin (Irlande), represented by B. O’Connor, Solicitor and I. Carreño, lawyer,
applicant,
v
Commission of the European Communities, represented by J. Forman and M. Wilderspin, acting as agents, with an address for service in Luxembourg
defendant,
APPLICATION for suspension of the Commission’s Decision of 25 July 2005 (Reference no. AIDCO/F3/ACH D (2005) 19574), rejecting the applicant’s application to participate in Lot 3 of the Commission procurement procedure EuropeAid//119860/C/SV/multi for a multiple framework contract to recruit technical assistance for short-term expertise for exclusive benefit of third countries benefiting from European Commission external aid, until the date of the final judgment in the main proceedings,
THE PRESIDENT OF THE COURT OF FIRST INSTANCE
OF THE EUROPEAN COMMUNITIES
makes the following
Order
1 By letter lodged at the Court Registry on 29 September 2005, the applicant informed the Court of First Instance, in accordance with Article 99 of the Rules of Procedure of the Court of First Instance, that it wishes to discontinue the proceedings and that the parties have come to an agreement in relation to costs, according to which each party is to bear its own costs. In the same letter, the applicant also withdrew its main application.
2 By letter lodged at the Court Registry on 14 October 2005, the defendant indicated to the Court of First Instance that it had no observations on the application for discontinuance.
3 Article 99 of the Rules of Procedure provides that upon an application to discontinue the proceedings, the President shall order the case to be removed from the Register and shall give a decision as to costs in accordance with Article 87(5). In that regard, it is appropriate in interim measures proceedings to reserve the decision as to costs for the decision in the main action, in accordance with Article 87(1).
On those grounds,
THE PRESIDENT OF THE COURT OF FIRST INSTANCE
hereby orders:
1. Case T-310/05 R is removed from the register of the Court of First Instance.
2. The decision as to costs is reserved.
Luxembourg, 9 November 2005.