ORDER OF THE PRESIDENT OF THE EIGTH CHAMBER OF THE COURT OF FIRST INSTANCE
30 September 2008(*)
(Removal from the register)
In Case T-470/07,
Dow Agrosciences BV, established in Rotterdam (Netherlands),
Dow AgroSciences Ltd, established in Hitchin (United Kingdom),
Dow AgroSciences SAS, established in Mougins (France),
Dow AgroSciences Export SAS, established in Mougins,
Dow AgroSciences Italia Srl, established in Milan (Italy),
Dow AgroSciences Iberica SA, established in Madrid (Spain),
Dow AgroSciences Vertriebsgesellschaft mbH, established in Neusiedl am See (Austria),
Dow AgroSciences LLC, established in Indianapolis (United States),
represented by C. Mereu and K. Van Maldegem, lawyers,
applicants,
v
Commission of the European Communities, represented by L. Parpala and B. Doherty, acting as Agents, assisted by J. Stuyck, lawyer,
defendant,
ACTION for annulment of Commission Decision 2007/619/EC of 20 September 2007 concerning the non-inclusion of 1,3-dichloropropene in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance (notified under document number C(2007) 4281) (OJ 2007 L 249, p. 11).
1 By letter lodged at the Registry of the Court of First Instance on 1 August 2008, the applicants informed the Court in accordance with Article 99 of the Rules of Procedure of the Court of First Instance that they wished to discontinue proceedings and requested, pursuant to Article 87(5) of the Rules of Procedure, that each party bears its own costs.
2 By letter lodged at the Registry of the Court on 22 August 2008, the defendant informed the Court that it did not have any objections to the discontinuance of the case and requested that, pursuant to Article 87(5) of the Rules of Procedure, the applicants bear their own costs and those of the Commission, including those of its external counsel. The Commission, however, denied the existence of an amicable settlement between the parties, either considering the substance of the proceedings, or 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. Under the third subparagraph of the above-mentioned provision, where the parties have come to an agreement on costs, the decision as to costs shall be in accordance with that agreement. In the present case, the applicants have not shown the existence of such agreement.
4 The case will therefore be removed from the register and the applicants ordered to pay the costs.
On those grounds,
THE PRESIDENT OF THE EIGTH CHAMBER OF THE COURT OF FIRST INSTANCE
hereby orders:
1. Case T-470/07 is removed from the register of the Court of First Instance.
2. The applicants shall bear the costs.
Luxembourg, 30 September 2008.
E. Coulon | | M. E. Martins Ribeiro |