ORDER OF THE PRESIDENT
OF THE SEVENTH CHAMBER OF THE GENERAL COURT
1 June 2016 (*)
(Removal from the register)
In Case T-537/14,
Laboratoire Nuxe, established in Paris (France), represented by M. Antoine-Lalance, lawyer,
applicant,
v
European Union Intellectual Property Office (EUIPO), represented initially by A. Folliard-Monguiral, and subsequently by A. Folliard-Monguiral and D. Gája, acting as Agents,
defendant,
the other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court, being
NYX, Los Angeles, Inc., established in Commerce, California (United States), represented by S. Maaßen, lawyer,
ACTION brought against the decision of the Fifth Board of Appeal of OHIM of 8 April 2014 (Case R 1575/2013-5) relating to opposition proceedings between Laboratoire Nuxe and NYX, Los Angeles, Inc.
1 By common letter lodged at the Court Registry on 4 May 2016, the applicant and the intervener informed the Court, in accordance with Article 125 of the Rules of Procedure of the General Court, that due to a settlement reached between them, they wished to discontinue the proceedings. The parties agreed that each party shall bear its own costs.
2 By letter lodged at the Court Registry on 12 May 2016, the defendant informed the Court that it had no objection to the discontinuance of the proceedings and requested that, pursuant to Article 136(1) of the Rules of Procedure, the applicant be ordered to bear the costs.
3 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.
4 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 ordered to bear its own costs.
On those grounds,
THE PRESIDENT OF THE SEVENTH CHAMBER
OF THE GENERAL COURT
hereby orders:
1. Case T-537/14 is removed from the register of the General Court.
2. Laboratoire Nuxe shall bear its own costs and pay those incurred by the European Union Intellectual Property Office (EUIPO).
3. NYX, Los Angeles, Inc. shall bear its own costs.
Luxembourg, 1 June 2016.
E. Coulon | | M. van der Woude |