ORDER OF THE PRESIDENT
OF THE FIFTH CHAMBER OF THE GENERAL COURT
19 February 2016 (*)
(Removal from the register)
In Case T-444/12 DEP,
Novartis AG, established in Basel (Switzerland), represented by M. Douglas, lawyer,
applicant,
v
Office for Harmonisation in the Internal Market (Trade marks and Designs) (OHIM), represented by P. Bullock, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court, being
Tenimenti Angelini SpA, established in Montalcino (Italy), represented by R. Almaraz Palmero, lawyer,
APPLICATION for taxation of the costs to be recovered from the defendant by the applicant following the judgment of the General Court of 16 October 2014 in Novartis v OHIM – Tenimenti Angelini (LINEX) (T‑444/12, EU:T:2014:886).
1 By letter lodged at the Court Registry on 12 December 2015, the applicant informed the Court, pursuant to Article 125 of the Rules of Procedure of the General Court, that it wished to discontinue the proceedings.
2 The case must therefore be removed from the register.
3 As the proceedings were discontinued prior to service of the application on the defendant and before the latter could have incurred costs, it is sufficient to decide that the applicant must bear its own costs.
On those grounds,
THE PRESIDENT OF THE FIFTH CHAMBER
OF THE GENERAL COURT
hereby orders:
1) Case T-444/12 DEP is removed from the register of the General Court.
2) Novartis AG shall bear its own costs.
Luxembourg, 19 February 2016.
E. Coulon | A. Dittrich
Registrar | President |