ORDER OF THE PRESIDENT OF THE FOURTH CHAMBER OF THE COURT OF FIRST INSTANCE
1 September 2009 (1)
(Removal from the register)
In Case T-107/09,
United Kingdom of Great Britain and Northern Ireland, represented by T. Eicke and L. Seeboruth, acting as Agents,
applicant,
v
Commission of the European Communities, represented by K. Banks and F. Jimeno Fernandez, acting as Agents,
defendant,
APPLICATION for partial annulment of Commission decision 2008/960/EC of 8 December 2008 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) and under the European Agricultural Guarantee Fund (EAGF) in so far as it excludes certain expenditure incurred by the United Kingdom (OJ 2008 L 340, p. 99).
1 By letter lodged at the Registry of the Court of First Instance on 3 July 2009, the applicant informed the Court, in accordance with Article 99 of the Rules of Procedure of the Court of First Instance, that it wished to discontinue proceedings. It sought no order as to costs.
2 By letter lodged at the Registry of the Court on 23 July 2009, the defendant informed the Court that it had no objection to the discontinuance. It sought no order as to costs.
3 The third subparagraph of Article 87(5) of the Rules of Procedure provides that, where proceedings are discontinued and costs are not applied for, the parties are to bear their own costs.
4 The case will therefore be removed from the register and, in the absence of any claim in that regard, the parties ordered to bear their own costs.
On those grounds,
THE PRESIDENT OF THE FOURTH CHAMBER OF THE COURT OF FIRST INSTANCE
hereby orders:
1. Case T-107/09 is removed from the register of the Court of First Instance.
2. Each party shall bear its own costs.
Luxembourg, 1 September 2009.