ORDER OF THE PRESIDENT OF THE EIGHTH CHAMBER OF THE GENERAL COURT
17 May 2011 (1)
(Removal from the register)
In Case T-542/08,
Evropaïki Dynamiki – Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE, established in Athens (Greece), represented by N. Korogiannakis, P. Katsimani and M. Dermitzakis, lawyers,
applicant,
v
European Chemicals Agency (ECHA), represented by M. Heikkila, acting as Agent, and by J. Stuyck, lawyer,
defendant,
APPLICATION for annulment of the decision of the European Chemicals Agency to reject the bid of the applicant, filed in response to the open Call for Tender ECHA/2008/24 for the “Development of a Chemical Safety Assessment tool” (OJ 2008/S 115-152918), communicated by letter received by the applicant on 25 September 2008, and all subsequent decisions of ECHA on this matter, including that to award the contract to the successful contractor.
1 By letter lodged at the Registry of the General Court on 31 March 2011, the applicant informed the Court, in accordance with Article 99 of the Rules of Procedure, that it wished to discontinue proceedings and that the question of costs had been the subject of an agreement between the parties, according to which each party will bear its own legal costs.
2 By letter lodged at the Registry of the Court on 28 April 2011, the defendant informed the Court that it does not have any objections to the discontinuance of the proceedings. As to the costs, the defendant confirms the agreement with the applicant, according to which each party shall bear its own costs.
3 The second subparagraph of Article 87(5) of the Rules of Procedure provides that, where proceedings are discontinued and the parties have come to an agreement on costs, the order for costs shall be in accordance with that agreement.
4 The case will therefore be removed from the register and the order for costs shall be as agreed between the parties.
On those grounds,
THE PRESIDENT OF THE EIGHTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-542/08 is removed from the register of the General Court.
2. Each party shall bear its own costs.
Luxembourg, 17 May 2011.