ORDER OF THE PRESIDENT OF THE COURT
5 June 2014 (*)
(Removal from the register)
In Case C‑578/12 P,
APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 6 December 2012 (fax of 5 December 2012),
El Corte Inglés, SA, established in Madrid (Spain), represented by J.L. Rivas Zurdo and E. Seijo Veiguela, abogados,
appellant,
the other parties to the proceedings being:
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by J. Crespo Carrillo, acting as Agent,
defendant at first instance,
Emilio Pucci International BV, established in Baarn (Netherlands), represented by P. Roncaglia, G. Lazzeretti, M. Boletto and E. Gavuzzi, avocats,
intervener at first instance,
THE PRESIDENT OF THE COURT,
after hearing the Advocate General, Y. Bot,
makes the following
Order
1 By letter lodged at the Court Registry on 21 May 2014 (fax of 17 May 2014), El Corte Inglés, SA informed the Court, pursuant to Article 147(1) of the Rules of Procedure, that it and Emilio Pucci International BV had reached a settlement of their dispute and jointly requested the Court to order the case to be removed from the register without giving a decision as to costs.
2 By document lodged by means of e-Curia on 28 May 2014, OHIM informed the Court that it had no observations to submit on that withdrawal, but none the less requested the Court to order El Corte Inglés, SA to pay the costs.
3 Under the combined provisions of Article 141(1) and (3) and Article 184(1) of the Rules of Procedure, 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.
4 In the light of the circumstances in the present case, El Corte Inglés, SA must therefore be ordered to pay OHIM’s costs and El Corte Inglés, SA and Emilio Pucci International BV must be ordered to bear their own costs.
On those grounds, the President of the Court hereby orders:
1. Case C‑578/12 P is removed from the Register of the Court.
2. El Corte Inglés, SA shall pay the costs of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
3. El Corte Inglés, SA and Emilio Pucci International BV shall bear their own costs.
Luxembourg, 5 June 2014.
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