ORDER OF THE PRESIDENT OF THE FIFTH CHAMBER
OF THE COURT OF FIRST INSTANCE
22 September 2009 (1)
(Partial removal from the register)
In Case T-113/06,
Fjord Seafood Norway AS, established in Oslo (Norway),
Lighthouse Caledonia Ltd (formerly Fjord Seafood Scotland Farming Ltd), established in Paisley (United Kingdom),
Alsaker Fjordbruk AS, established in Onarheim (Norway),
represented by J. M. Juuhl-Langseth and P. Dyrberg, lawyers,
applicants,
v
Council of the European Union, represented by J.-P. Hix, acting as Agent, assisted by G.M. Berrisch, lawyer,
defendant,
supported by,
Commission of the European Communities, represented by T. Scharf and K. Talabér-Ritz, acting as Agents,
APPLICATION for annulment of Council Regulation (EC) No 85/2006 of 17 January 2006 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of farmed salmon originating in Norway (OJ 2006 L 15, p. 1).
1        By letter lodged at the Registry of the Court of First Instance on
2 July 2009, the applicant, Lighthouse Caledonia Ltd, informed the Court in accordance with Article 99 of the Rules of Procedure of the Court of First Instance that it wished to withdraw its application and requested, pursuant to Article 87(5) of the Rules of Procedure, that the defendant be ordered to pay the costs.
2        By letter lodged at the Registry of the Court on 29 July 2009, the defendant informed the Court that it had no observations on the partial withdrawal and requested, pursuant to Article 87(5) of the Rules of Procedure, that the applicant, Lighthouse Caledonia Ltd, be ordered to pay its own costs and the costs incurred by the defendant.
3        By letter lodged at the Registry of the Court on 30 July 2009, the intervener, the Commission, informed the Court that it had no observations on the partial withdrawal and requested, pursuant to Article 87(5) of the Rules of Procedure, that the applicant, Lighthouse Caledonia Ltd, be ordered to pay its own costs and the costs incurred by the intervener.
4        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 and the intervener applied for the costs to be borne by the applicant, Lighthouse Caledonia Ltd.
5        The name of the applicant, Lighthouse Caledonia Ltd, will therefore be removed from the register and it shall be ordered to pay its own costs as well as the costs incurred by the defendant and by the intervener relating to Lighthouse Caledonia Ltd.
On those grounds,
THE PRESIDENT OF THE FIFTH CHAMBER
OF THE COURT OF FIRST INSTANCE
hereby orders:
1.      In Case T-113/06, the name of the applicant Lighthouse Caledonia Ltd (formerly Fjord Seafood Scotland Farming Ltd) is removed from the register of the Court of First Instance.
2.      The applicant Lighthouse Caledonia Ltd (formerly Fjord Seafood Scotland Farming Ltd) shall bear its own costs as well as the costs incurred by the defendant and by the intervener relating to this applicant.
Luxembourg, 22 September 2009.
E. Coulon
M. Vilaras
Registrar
President
1 Language of the case: English.