ORDER OF THE PRESIDENT OF THE SEVENTH CHAMBER OF THE COURT OF FIRST INSTANCE
1 July 2009 (1)
(Removal from the register)
In Case T-467/07,
Du Pont de Nemours (France) SAS, established in Puteaux (France),
Du Pont Portugal Serviços, Sociedada Unipessoal, Lda, established in Lisbon (Portugal),
Du Pont Ibérica, SL, established in Barcelona (Spain),
E. I. du Pont de Nemours & Co. USA, established in Wilmington, Delaware (United States),
Du Pont de Nemours Italiana Srl, established in Milan (Italy),
Du Pont De Nemours (Nederland) BV, established in Dordrecht (Netherlands),
Du Pont de Nemours (Deutschland) GmbH, established in Bad Homburg von der Höhe (Germany),
DuPont Poland sp. z o.o., established in Warsaw (Poland),
DuPont Romania Srl, established in Bucharest (Romania),
DuPont International Operations SARL, established in Le GrandSaconnex (Switzerland),
Du Pont de Nemours International SA, established in Le GrandSaconnex,
DuPont Solutions (France) SAS, established in Puteaux,
Du Pont Agro Hellas AE, established in Khalandri (Greece),
represented by D. Waelbroeck and I. Antypas, lawyers,
applicants,
v
Commission of the European Communities, represented by L. Parpala and B. Doherty, acting as Agents,
defendant,
APPLICATION for annulment of Commission Decision 2007/628/EC of 19 September 2007 concerning the non-inclusion of methomyl in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance (OJ 2007 L 255, p. 40) and for compensation for the alleged damages caused by the contested decision.
1 By letter lodged at the Registry of the Court of First Instance on 28 May 2009, 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.
2 By letter lodged at the Registry of the Court on 18 June 2009, the defendant informed the Court that it has no objections to the applicantion for discontinuance and requested that, in accordance with Article 87(5) of the Rules of Procedure, the applicants be ordered to pay 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. In the present case, the defendant applied for the costs to be borne by the applicants.
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 SEVENTH CHAMBER OF THE COURT OF FIRST INSTANCE
hereby orders:
1. Case T-467/07 is removed from the register of the Court of First Instance.
2. The applicants shall bear the costs.
Luxembourg, 1 July 2009.