ORDER OF THE PRESIDENT OF THE FIFTH CHAMBER
OF THE COURT OF FIRST INSTANCE
17 November 2006(*)
(Removal from the Register)
In Case T-303/04,
Evropaїki Dynamiki – Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE, established in Athens (Greece), represented by N. Korogiannakis and N. Keramidas, lawyers,
applicant,
v
Commission of the European Communities, represented by L. Parpala and E. Manhaeve, acting as agents, assisted by J. Stuyck, lawyer,
defendant,
APPLICATION for annulment of the tender procedure concerning the provision of services for data and information management applications and of the Commission’s decisions relative to the evaluation of tenders,
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 11 October 2006, 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 requested that each party bears its own costs.
2 By letter lodged at the Court Registry on 20 October 2006, the defendant indicated to the Court of First Instance that it had no objection to the discontinuance and requested that, in accordance with Article 87(5) of the Rules of Procedure, the applicant be ordered to pay the costs. The defendant denies the existence of any amicable settlement between the parties as suggested in the application for discontinuance.
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 applied for the applicant to bear the costs, both in relation to the main application as well as to the two applications for interim measures.
4 It is, therefore, appropriate to order that the applicant bears its own costs and the costs incurred by the defendant.
On those grounds,
THE PRESIDENT OF THE FIFTH CHAMBER
hereby orders:
1. Case T-303/04 is removed from the register of the Court of First Instance.
2. The applicant shall bear its own costs and the costs incurred by the defendant in Case T-303/04 as well as in the interim measures CasesT-303/04 R-I and T-303/04 R-II.
Luxembourg, 17 November 2006.