ORDER OF THE PRESIDENT OF THE SEVENTH CHAMBER OF THE COURT OF FIRST INSTANCE
8 May 2009(*)
(Removal from the register)
In Case T-170/07,
Opus Arte UK Ltd, established in Waldron (United Kingdom), represented by D. McFarland, Barrister,
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 Court of First Instance, being
Arte G.E.I.E. Association Relative à la Télévision Européenne, established in Strasbourg (France), represented by B. Krause, lawyer,
intervener,
Action brought against the decision of the First Board of Appeal of 15 February 2007 (Case R 733/2005-1) relating to opposition proceedings between Opus Arte UK Ltd and Arte G.E.I.E. Association Relative à la Télévision Européenne.
1 By letter lodged at the Registry of the Court of First Instance on 25 March 2009, the applicant and the intervener informed the Court in accordance with Article 99 of the Rules of Procedure of the Court of First Instance that they wished to discontinue proceedings since an agreement had been reached between them, pursuant to which the intervener has withdrawn its opposition before the defendant.
2 By letter lodged at the Registry of the Court of First Instance on 3 April 2009, 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.
3 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. In the present case, the defendant has applied for the applicant to bear the costs.
4 The case should therefore be removed from the register and the applicant ordered to bear its own costs and those of the defendant, while the intervener shall bear its own costs.
On those grounds,
THE PRESIDENT OF THE SEVENTH CHAMBER OF THE COURT OF FIRST INSTANCE
hereby orders:
1. Case T-170/07 is removed from the register of the Court of First Instance.
2. The applicant shall bear its own costs and those incurred by the defendant.
3. The intervener shall bear its own costs.
Luxembourg, 8 May 2009 .