ORDER OF THE PRESIDENT OF THE SECOND CHAMBER OF THE GENERAL COURT
29 November 2010(1)
(Removal from the register)
In Case T-105/10,
BASF SE, established in Ludwigshafen am Rhein (Germany), represented by F. Montag, J. Blockx and T. Wilson, lawyers,
applicant,
v
European Commission, represented by S. Noë and A. Biolan, acting as Agents,
defendant,
ANNULMENT of Commission Decision C(2009)10568 of 18 December 2009, rejecting, on the one hand, the request to approve Roquette Frères as purchaser of a part of the applicant’s business activities (‘Divestment Business’), as part of the implementation of the commitments to divest given by the applicant in the context of the concentration by which it sought to acquire control of the whole of CIBA Holding AG (Case COMP/M.5355 – BASF/Ciba) and, on the other hand, rejecting the request to modify the commitments.
1 By letter lodged at the Registry of the General Court on 25 October 2010, the applicant informed the Court, in accordance with Article 99 of the Rules of Procedure, that it wished to discontinue proceedings. It sought no order as to costs.
2 By letter lodged at the Registry of the Court on 15 November 2010, the defendant informed the Court that it had no objections to the application to discontinue the proceedings. It sought no order as to costs.
3 The third subparagraph of Article 87(5) of the Rules of Procedure provides that, where proceedings are discontinued and costs are not applied for, the parties are to bear their own costs.
4 The case will therefore be removed from the register and, in the absence of any claim in that regard, the parties ordered to bear their own costs.
On those grounds,
THE PRESIDENT OF THE SECOND CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-105/10 is removed from the register of the General Court.
2. Each party shall bear its own costs.
Luxembourg, 29 November 2010.