Court of Justice of the European Communities (including Court of First Instance Decisions)

ORDER OF THE PRESIDENT OF THE FIFTH CHAMBER OF THE GENERAL COURT

27 March 2012 (1)

(Removal from the register)

In Case T-368/08,

Atlantean Ltd, established in Killybegs (Ireland), represented by M. Fraser and D. Hennessy, Solicitors, G. Hogan and E. Regan SC and C. Toland, Barrister,

applicant,

v

European Commission, represented by K. Banks, acting as Agent,

defendant,

APPLICATION for annulment of Commission Decision C (2008) 3236 final of 26 June 2008, rejecting the application of Ireland, in so far as it concerns the vessel ATLANTEAN owned by the applicant, to increase the MAGP IV objectives to take into account improvements on safety, navigation at sea, hygiene, product quality and working conditions for vessels of more than 12 m in length overall, adopted following annulment of initial Decision 2003/245/EC by the judgment of the General Court of 13 June 2006 delivered in Case T-192/03.

1 By letter lodged at the Registry of the General Court on 24 February 2012, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure that it wished to discontinue proceedings. It didn't make any observations concerning the costs.

2 By letter lodged at the Registry of the Court on 14 March 2012, the defendant informed the Court that it does not have any objections to the application for discontinuance. It requested that the applicant should be ordered to pay the costs.

3 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 applicant is ordered to pay its own costs and those incurred by the defendant.

4 The case will therefore be removed from the register and the applicant is ordered to pay its own costs and those incurred by the defendant.

On those grounds,

THE PRESIDENT OF THE FIFTH CHAMBER OF THE GENERAL COURT

hereby orders:

1. Case T-368/08 is removed from the register of the General Court.

2. The applicant shall bear its own costs and those incurred by the defendant.

Luxembourg, 27 March 2012.

1 Language of the case: English.

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