ORDER OF THE PRESIDENT OF THE FIRST CHAMBER OF THE GENERAL COURT
30 January 2024 0F(*)
(Removal from the Register)
In Case T-579/23,
ZP, represented by C. Morán Medina, lawyer,
applicant,
v
European Union Intellectual Property Office (EUIPO), represented by D. Gája, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court, being
AD, represented by D. Jestaedt, lawyer,
1 By its action under Article 263 TFEU, the applicant, ZP, seeks the annulment of the decision of the Fourth Board of Appeal of Appeal of the European Union Intellectual Property Office (EUIPO).
2 By letter lodged at the Court Registry on 20 December 2023, the applicant informed the Court, in accordance with Article 125 of the Rules of Procedure of the General Court, that, following an agreement between itself and the intervener, it wished to discontinue proceedings. It also informed the Court that, under that agreement, each party was to bear its own costs.
3 By letter lodged at the Court Registry on 21 December 2023, the defendant informed the Court that it had no objection to the discontinuance of the proceedings and requested that it should not to be ordered to bear the costs.
4 By letter lodged at the Court Registry on 22 December 2023, the intervener informed the Court that it agrees with the discontinuance of the proceedings. It sought no order as to costs.
5 Article 136(1) of the Rules of Procedure provides that 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. Further, according to Article 136(3) of the Rules of Procedure, where the parties have come to an agreement on costs, the decision as to costs is to be in accordance with that agreement.
6 By its request that it should not be ordered to bear the costs, the defendant essentially submitted that the applicant should be ordered to bear the costs (order of 27 April 2006, ATI Technologies v OHIM — Asociación de Técnicos de Informatica, T‑377/03, not published, EU:T:2006:115, paragraph 6).
7 The case should therefore be removed from the Register, the applicant ordered to bear its own costs and to pay those incurred by the defendant, and the intervener should bear its own costs.
On those grounds,
THE PRESIDENT OF THE FIRST CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-579/23 is removed from the Register of the General Court.
2. ZP shall bear its own costs and pay those incurred by the European Union Intellectual Property Office (EUIPO).
3. AD shall bear its own costs.
Luxembourg, 30 January 2024.