CELEX: 62007CO0132
Language: en
Date: 2009-03-12 00:00:00
Title: Order of the President of the Second Chamber of the Court of 12 March 2009. # Beecham Group plc and Others v Andacon NV. # Reference for a preliminary ruling: Rechtbank van koophandel te Brussel - Belgium. # Removal from the register. # Case C-132/07.

Case C-132/07
      Beecham Group plc and Others
      v
      Andacon NV
      (Reference for a preliminary ruling from the 
      Rechtbank van Koophandel te Brussel)
      (Removal from the register)
      
      
      
      
      
      
      
      
      
      
      
      
ORDER OF THE PRESIDENT OF THE SECOND CHAMBER OF THE COURT
      12 March 2009 (*)
      
      (Removal from the register)
      In Case C-132/07,
      REFERENCE for a preliminary ruling under Article 234 EC from the rechtbank van koophandel te Brussel (Belgium), made by decision
         of 26 February 2007, received at the Court on 5 March 2007, in the proceedings
      
      Beecham Group plc and Others
      v
      Andacon NV,
      THE PRESIDENT OF THE SECOND CHAMBER OF THE COURT,
      after hearing Advocate General Ruiz-Jarabo Colomer,
      makes the following
      Order
      1        By decision of 26 February 2007, received at the Court on 5 March 2007, the rechtbank van koophandel te Brussel (Commercial
         Court, Brussels) referred to the Court for a preliminary ruling under Article 234 EC questions on the interpretation of Articles
         4(2), 6 and 9(2) and (3) of Council Regulation (EC) No 1383/2003 of 22 July 2003 concerning customs action against goods suspected
         of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such
         rights (OJ 2003 L 196, p. 7) and of Article 9(1) of Commission Regulation (EC) No 1891/2004 of 21 October 2004 laying down
         provisions for the implementation of Council Regulation (EC) No 1383/2003 concerning customs action against goods suspected
         of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such
         rights (OJ 2004 L 328, p. 16).
      
      2        However, on 16 May 2007, the claimants in the main proceedings appealed against that decision before the hof van beroep te
         Brussel (Court of Appeal, Brussels) (Belgium). Consequently, the national proceedings continued before that court.
      
      3        By letters of 6 March and 17 March 2008, received at the Court on 10 March and 25 March respectively, the parties to the main
         proceedings notified the Court that they had resolved the matter amicably and that, accordingly, the questions referred for
         a preliminary ruling had become devoid of purpose.
      
      4        Subsequently, the hof van beroep notified the Court of the judgment that it had delivered on 9 June 2008 in the main proceedings,
         recording that the dispute had been settled amicably and ordering that the proceedings be removed from that court’s register.
      
      5        In those circumstances, by letter of 20 November 2008, the Court informed the rechtbank van koophandel that, subject to any
         objections received from it by 15 December 2008, the Court intended to remove the case pending before it from the Register.
      
      6        The rechtbank van koophandel did not reply to that letter.
      
      7        In those circumstances, the present case must be removed from the Register of the Court.
      
      8        Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the national court,
         the decision on costs is a matter for that court. Costs incurred in submitting observations to the Court, other than the costs
         of those parties, are not recoverable.
      
      On those grounds, the President of the Second Chamber of the Court hereby orders:
      Case C-132/07 is removed from the Register of the Court.
      Luxembourg, 12 March 2009.
      
               R. Grass
            
             
            
                     C.W.A. Timmermans
            
         
               Registrar
            
             
            
                     President of the Second Chamber
            
         * Language of the case: Dutch.