ORDER OF THE PRESIDENT OF THE SIXTH CHAMBER OF THE GENERAL COURT
17 July 2024 (*)
(Removal from the Register)
In Case T-88/24,
VanKing Celkar Group PSA, established in Niepołomice (Poland), represented by A. Michalak, lawyer,
applicant,
v
European Union Intellectual Property Office (EUIPO), represented by D. Stoyanova-Valchanova, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of EUIPO being
Accell Nederland BV, established in Heerenveen (Netherlands).
1 By its action under Article 263 TFEU, the applicant, VanKing Celkar Group PSA, seeks the annulment of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 18 December 2023 (Case R 893/2023-4).
2 By letter lodged at the Court Registry on 17 June 2024, the applicant informed the Court in accordance with Article 125 of the Rules of Procedure of the General Court, that it wished to discontinue proceedings. It did not seek an order as to costs.
3 By letter lodged at the Court Registry on 2 July 2024, the defendant informed the Court that it had no objection to make concerning the discontinuance of the proceedings. It stated that it has not incurred any recoverable costs, since no hearing had been organised and requested that the applicant should be ordered to bear its own costs.
4 Article 136(1) and (2) 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.
5 The case shall therefore be removed from the Register and each party must be ordered to bear its own costs.
On those grounds,
THE PRESIDENT OF THE SIXTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-88/24 is removed from the Register of the General Court.
2. Each party shall bear its own costs.
Luxembourg, 17 July 2024.
V. Di Bucci | | M. J. Costeira |