Parties

In Case C - 161/04,

ACTION for annulment under Article 230 EC, brought on 30 March 2004,

Republic of Austria, represented by H. Dossi and E. Riedl, acting as Agents, with an address for service in Luxembourg,

applicant,

European Parliament, represented by M. Gómez-Leal and U. Rösslein, acting as Agents, with an address for service in Luxembourg,

Council of the European Union, represented by A. Lopes Sabino and J.-P. Hix, acting as Agents,

defendants,

supported by

Commission of the European Communities, represented by W. Wils and G. Braun, acting as Agents, with an address for service in Luxembourg,

intervener,

THE PRESIDENT OF THE FIRST CHAMBER OF THE COURT,

after hearing Advocate General Geelhoed,

makes the following

Grounds

3. The Council did not submit any observations on the withdrawal within the prescribed period.

5. The Republic of Austria should therefore be ordered to pay the costs incurred by the Parliament.

7. Under the first subparagraph of Article 69(4) of the Rules of Procedure, the Member States and institutions which intervene in the proceedings are to bear their own costs.

8. The Commission should therefore be ordered to bear its own costs.

Operative part

On those grounds, the President of the First Chamber of the Court hereby orders:

3. The Council of the European Union and the Commission of the European Communities shall bear their own costs.

Luxembourg, 6 September 2006.