In Case C-203/05

ORDER OF THE PRESIDENT OF THE COURT

20 August 2008 (*)

(Removal from the register)

In Case C-203/05,

REFERENCE for a preliminary ruling under Article 234 EC from the Special Commissioners of Income Tax, London (United Kingdom), made by decision of 3 May 2005, received at the Court on 9 May 2005, in the proceedings

Vodafone 2

v

Her Majesty’s Revenue and Customs,

THE PRESIDENT OF THE COURT,

after hearing the Advocate General, V.Trstenjak,

makes the following

Order

1By letter of 9 October 2006 the Registrar of the Court sent the national court a copy of the judgment in Case C-196/04 Cadbury Schweppes and Cadbury Schweppes Overseas [2006] ECR I-7995 requesting that court to inform it whether, in the light of that judgment, it wished to maintain the reference.

2By letter of 17 July 2008, received at the Court Registry on 21 July 2008, the Special Commissioners informed the Court that they did not wish to maintain the reference.

3In those circumstances, the present case must be removed from the Register of the Court.

4Since 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 Court hereby orders:

1.Case C-230/ 05 is removed from the Register of the Court.

Luxembourg, 20 August 2008.

*Language of the case: English.