ORDER OF THE PRESIDENT OF THE FIFTH CHAMBER
OF THE COURT OF FIRST INSTANCE
6 September 2006(*)
(Removal from the Register)
In Case T-268/02,
National Resource for Training Research and Employment Actions Limited (NRITEA), established in Newcastle Upon Tyne (United Kingdom), represented by A. Tate, Solicitor,
applicant,
v
Commission of the European Communities, represented by L. Flynn and C. Giolito, acting as agents,
defendant,
APPLICATION for annulment of Commission Decision C(2002)802 of 23 May 2002 reducing assistance granted from the European Social Fund, under Commission Decisions C(94)1416 of 5 August 1994, C(96)2550 of 16 December 1996, C(94)3425 of 16 December 1994, C(97)1128 of 7 May 1997, C(94)3421 of 16 December 1994, C(98)483 of 13 March 1998 and C(94)3931 of 22 December 1994 approving Single Programming Documents for Community structural assistance under Objectives 2, 3 and 4 and a programme under Community Initiative Employment in the United Kingdom,
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 17 July 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.
2 By letter lodged at the Court Registry on 27 July 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.
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 has applied for the applicant to bear the costs.
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-268/02 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
Luxembourg, 6 September 2006.