Sygn. akt T-367/07
ORDER OF THE PRESIDENT OF THE SECOND CHAMBER OF THE COURT OF FIRST INSTANCE
November 2008 (*)
(Removal from the register)
In Case T-367/07,
Dow AgroSciences Ltd, established in Hitchin (United Kingdom),
Dow AgroSciences BV, established in Hoek (Netherlands),
Dow AgroSciences Danmark A/S, established in Kongens Lyngby (Denmark),
Dow AgroSciences GmbH, established in Stade (Germany),
Dow AgroSciences S.A.S., established in Mougins (France),
Dow AgroSciences Export S.A.S., established in Mougins,
Dow AgroSciences Hungary Növényvédőszer Kereskedelmi Kft, established in Budapest (Hungary),
Dow AgroSciences Italia S.r.l., established in Milan (Italy),
Dow AgroSciences Polska Sp. z o.o., established in Warsaw (Poland),
Dow AgroSciences Distribution S.A.S., established in Mougins,
Dow AgroSciences s.r.o., established in Prague (Czech Republic),
Dow AgroSciences Iberica S.A., established in Madrid (Spain),
Dow AgroSciences LLC, established in Indianapolis (United States),
represented by K. Van Maldegem and C. Mereu, lawyers,
applicants,
v
Commission of the European Communities, represented by B. Doherty and by L. Parpala, acting as Agents,
defendant,
APPLICATION for annulment of Commission Decision 2007/437/EC of 19 June 2007 concerning the non-inclusion of haloxyfop-R in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance (OJ 2007 L 163, p. 22).
By letter lodged at the Registry of the Court of First Instance on 5 November 2008, the applicants informed the Court in accordance with Article 99 of the Rules of Procedure of the Court of First Instance that they wished to discontinue proceedings.
By letter lodged at the Registry of the Court on 13 November 2008, the defendant informed the Court that it had no objections to the discontinuance and denied the existence of any amicable settlement between the parties either concerning the substance of the proceedings or on the costs. The defendant requested that, in accordance with Article 87(5) of the Rules of Procedure, the applicants be ordered to pay the costs.
The first subparagraph of Article 87(5) of the Rules of Procedure provides that a party who discontinues or withdraws from proceedings shall be ordered to pay the costs if they have been applied for in the observations of the other party on the discontinuance. In the present case, the defendant requested that the costs be borne by the applicants, in accordance with Article 87(5) of the Rules of Procedure.
The case will therefore be removed from the register and the applicants be ordered to pay the costs.
On those grounds,
THE PRESIDENT OF THE SECOND CHAMBER OF THE COURT OF FIRST INSTANCE
hereby orders:
1. Case T-367/07 is removed from the register of the Court of First Instance.
2. The applicants shall bear the cost.
Luxembourg, 27 November 2008.
E. Coulon
I. Pelikánová
Registrar
President
* Language of the case: English.
