Language of document : ECLI:EU:T:2015:827

ORDER OF THE PRESIDENT
OF THE SIXTH CHAMBER OF THE GENERAL COURT

13 October 2015 (*)

(Removal from the register)

In Case T-517/14,

Pelikan Vertriebsgesellschaft mbH & Co. KG, established in Hannover (Germany), represented by A. Nordemann and A. Nordemann-Schiffel, lawyers,

applicant,

v

Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by D. Gája, acting as Agent,

defendant,

the other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court, being

RMP, formerly Hachette Filipacchi Presse SA, established in Boulogne-Billancourt (France), represented by P. Lê Dai, lawyer,

ACTION brought against the decision of the First Board of Appeal of OHIM of 3 April 2014 (Case R 1192/2013-1) relating to opposition proceedings between Hachette Filipacchi Presse SA and Herlitz PBS Aktiengesellschaft Papier-, Büro- und Schreibwaren.


1        By letter lodged at the Court Registry on 7 August 2015, the applicant informed the Court that based on the withdrawal of the opposition by the intervener and according to a parallel settlement agreement, it wished to withdraw the action before the General Court. It sought no order as to costs.

2        By letter lodged at the Court Registry on 18 September 2015, the defendant informed the Court that it had no objection to the discontinuance of the proceedings and requested that, pursuant to Article 136(1) of the Rules of Procedure, it should not be ordered to bear the costs.

3        By letter lodged at the Court Registry on 28 September 2015, the intervener informed the Court that, following the applicant’s withdrawal of the action before the General Court, filed on 7 August 2015, and pursuant to a parallel settlement agreement, it requested to discontinue proceedings. It sought no order as to costs.

4        Article 136(1) of the Rules of Procedure provides that a party who discontinues or withdraws from proceedings is to be ordered to pay the costs if they have been applied for in the other party’s observations on the discontinuance.

5        By its request that it should not be ordered to bear the costs the defendant essentially submitted that the applicant should be ordered to bear the costs (order of 27 April 2006 in ATI Technologies v OHIM — Asociación de Técnicos de Informatica (ATI), T‑377/03, EU:T:2006:115, paragraph 6).

6        The case should therefore be removed from the register, the applicant ordered to bear its own costs and to pay those incurred by the defendant, and the intervener ordered to bear its own costs.

On those grounds,

THE PRESIDENT OF THE SIXTH CHAMBER OF THE GENERAL COURT

hereby orders:

1)      Case T-517/14 is removed from the register of the General Court.

2)      Pelikan Vertriebsgesellschaft mbH & Co. KG shall bear its own costs and pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

3)      

4)      RMP shall bear its own costs.

Luxembourg, 13 October 2015.

E. Coulon

 

        S. Frimodt Nielsen

Registrar

 

       President


* Language of the case: English.