ORDER OF THE PRESIDENT OF THE FIFTH CHAMBER
OF THE COURT OF FIRST INSTANCE
1 February 2006(*)
(Removal from the Register)
In Case T-42/03,
Lurgi AG, established in Frankfurt am Main (Germany),
Lurgi SpA established in Milano (Italy),
represented by M. Schütte and M. Benedetteli, lawyers,
applicants,
v
Commission of the European Communities, represented by B. Schima and H. Støvlbæk, acting as Agents, assisted by G. Bambara, lawyer, with an address for service in Luxembourg,
defendant,
APPLICATION for a declaration that the termination, notified by the Commission to the applicants by its letter of 26 November 2002, of Contract BM 1007/1994 IT/DE/UK/PO, signed on 12 December 1994, relating to the implementation of the project entitled Energy Farm: an IGCC plant for the production of electricity and heat through gasification of SRF biomass (Phase I), concluded within the framework of the Thermie programme referred to in Article 1 of Council Regulation (EEC) No 2008/90 of 29 June 1990 concerning the promotion of energy technology in Europe (Thermie programme) (OJ L 185, p. 1), is illegal.
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 16 January 2006, the applicants informed the Court of First Instance, in accordance with Article 98 of the Rules of Procedure of the Court of First Instance, that the parties reached a settlement of their dispute and that they wish to discontinue the proceedings. Regarding costs, the applicants informed the Court of First Instance that the parties have come to an agreement that each party will bear its own costs.
2 By letter lodged at the Court Registry on 16 January 2006, the defendant informed the Court of First Instance, in accordance with Article 98 of the Rules of Procedure of the Court of First Instance, that the parties reached a settlement of their dispute and that they wish to discontinue the proceedings. Regarding costs, the defendant informed the Court of First Instance that the parties have come to an agreement that each party will bear its own costs.
3 Article 87(5), second subparagraph, of the Rules of Procedure provides that where discontinuance has been applied for and the parties have come to an agreement on costs, the decision as to costs shall be in accordance with that agreement.
On those grounds,
THE PRESIDENT OF THE FIFTH CHAMBER
hereby orders:
1. Case T-42/03 is removed from the register of the Court of First Instance.
2. Each party will bear its own costs.
Luxembourg, 1 February 2006.