ORDER OF THE PRESIDENT OF THE EIGHTH CHAMBER OF THE GENERAL COURT
12 April 2010(1)
(Removal from the register)
In Case T-431/08,
Bulur Giyim Sanayi ve Ticaret Limited Sirketi, established in Istanbul (Turkey), represented by R. Böhm, lawyer,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by D. Botis, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court, being
A V Denim, Inc., established in New York (United States), represented by S. Malynicz, Barrister, C. Balme and M. Blair, Solicitors,
Action brought against the decision of the Second Board of Appeal of 18 July 2008 (Case R 1366/2007-2) relating to opposition proceedings between Bulur Giyim Sanayi ve Ticaret Limited Sirketi and A V Denim, Inc.
1 By letter lodged at the Registry of the General Court on 18 February 2010, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure that it wished to discontinue proceedings. It stated that there was no agreement concerning costs with the defendant but that the applicant and the intervener had each agreed to bear their own costs.
2 By letter lodged at the Registry of the Court on 1 March 2010, the intervener informed the Court that it had no objection to the application for discontinuance and agreed to bear its own costs.
3 By letter lodged at the Registry of the Court on 8 March 2010, the defendant informed the Court that it had no observations to make concerning the discontinuance of the proceedings and requested that the applicant be ordered to bear the 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. Further, according to the second subparagraph of Article 87(5) of the Rules of Procedure, where the parties have come to an agreement on costs, the order for costs shall be in accordance with that agreement.
5 In the case at hand the applicant and the intervener had each agreed to bear their own costs while the defendant requested that the applicant be ordered to bear the costs.
6 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 EIGHTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-431/08 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, 12 April 2010.
E. Coulon | | M. E. Martins Ribeiro |