ORDER OF THE PRESIDENT OF THE SIXTH CHAMBER OF THE COURT OF FIRST INSTANCE
12 December 2007 (*)
(Removal from the register)
In Case T-105/04,
Sandoz GmbH, established in Kundl (Austria), represented by C. Thomas and B. Oosting, lawyers,
applicant,
v
Commission of the European Communities, represented by X. Lewis and B. Stromsky, acting as Agents,
defendant,
APPLICATION for annulment of the Commission’s decision of 29 December 2003 refusing authorisation for Omnitrop, a medicinal product for use by humans, to be placed on the market, for the reason that the application does not satisfy the conditions laid down in Article 10(1)(a)(ii) of Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ 2001 L 311, p. 67).
1 By letter lodged at the Registry of the Court of First Instance on 23 November 2007, the applicant informed the Court, in accordance with Article 99 of the Rules of Procedure of the Court of First Instance, that it wishes to discontinue proceedings and that the question of costs had been the subject of an agreement between the parties, according to which each party should bear its own costs.
2 By letter lodged at the Registry of the Court of First Instance on 5 December 2007, the defendant confirmed that it has agreed with the applicant that each party should bear its own costs.
3 According to the second subparagraph of Article 87(5) of the Rules of Procedure, where proceedings are discontinued and where the parties have come to an agreement on costs, the decision as to costs shall be in accordance with that agreement.
4 The case must therefore be removed from the register and the decision as to costs determined in accordance with the agreement of the parties.
On those grounds,
THE PRESIDENT OF THE SIXTH CHAMBER OF THE COURT OF FIRST INSTANCE
hereby orders:
1. Case T-105/04 is removed from the register of the Court of First Instance.
2. Each party shall bear its own costs.
Luxembourg, 12 December 2007.