ORDER OF THE PRESIDENT OF THE SIXTH CHAMBER OF THE GENERAL COURT
3 May 2012 (1)
(Removal from the register)
In Case T-561/11,
Nycomed GmbH, established in Konstanz (Germany), represented by A. Ferchland, lawyer,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by J. Crespo Carillo, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court, being
Bayer Consumer Care AG, established in Basel (Switzerland), represented by V. von Bomhard and A. Renck, lawyers,
Action brought against the decision of the First Board of Appeal of OHIM of 21 July 2011 (Case R 1953/2010-1) relating to the opposition proceedings between Bayer Consumer Care AG and Nycomed GmbH.
1 By letter lodged at the Registry of the General Court on 23 March 2012, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure that it wished to discontinue proceedings. It sought no order as to costs.
2 By letter lodged at the Registry of the Court on 2 April 2012, the defendant informed the Court that it had no objections to the discontinuance of the proceedings and requested that the applicant should be ordered to bear the costs.
3 By letter lodged at the Registry of the Court on 16 April 2012, the intervener informed the Court that it agreed with the discontinuance of the case. It sought no order as to costs.
4 The first subparagraph of Article 87(5) of the Rules of Procedure provides that a party who discontinues is to be ordered to pay the costs if they have been applied for in the observations of the other party on the discontinuance.
5 The case should therefore be removed from the register, the applicant ordered to bear its own costs and those of the defendant and the intervener should be ordered to bear its own costs.
On those grounds,
THE PRESIDENT OF THE SIXTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-561/11 is removed from the register of the General Court.
2. The applicant shall bear its own costs and those of the defendant.
3. The intervener shall bear its own costs.
Luxembourg, 3 May 2012.