ORDER OF THE PRESIDENT OF THE FIFTH CHAMBER
OF THE COURT OF FIRST INSTANCE
6 September 2007(*)
(Removal from the Register)
In Case T-300/04,
easyJet Airline Co. Ltd, established in Luton (United Kingdom of Great Britain and Northern Ireland), represented by J. Cook, L. Mills and S. Dolan, Solicitors,
applicant,
v
Commission of the European Communities, represented by P. Oliver and A. Bouquet, acting as agents,
defendant,
APPLICATION for annulment of Commission Decision 2004/841/EC of 7 April 2004 relating to a proceeding pursuant to Article 81 of the EC Treaty concerning case COMP/A.38.284/D2 – Société Air France/Alitalia Linee Aeree Italiane SpA (OJ 2004 L 362, p. 17),
THE PRESIDENT OF THE FIFTH CHAMBER
OF THE COURT OF FIRST INSTANCE
OF THE EUROPEAN COMMUNITIES
makes the following
Order
1 By letter lodged at the Court Registry on 31 July 2007, 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. The applicant made no application in relation to costs.
2 By letter lodged at the Court Registry on 7 August 2007, the defendant indicated to the Court of First Instance that it has no observations on the application to discontinue the proceedings and requested as provided by Article 87(5) of the Rules of Procedure that its costs be borne by the applicant.
3 Article 87(5), first subparagraph, of the Rules of Procedure, provides that the party who discontinues or withdraws from proceedings be ordered to bear 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 costs of the proceedings be borne by the applicant.
4 It is therefore appropriate to order that the applicant bear the costs.
On those grounds,
THE PRESIDENT OF THE FIFTH CHAMBER
hereby orders:
1. Case T-300/04 is removed from the register of the Court of First Instance.
2. The applicant shall bear the costs.
Luxembourg, 6 September 2007.