ORDER OF THE PRESIDENT OF THE FIFTH CHAMBER
OF THE GENERAL COURT
13 December 2013 (1)
(Removal from the register)
In Case T-508/12,
The Automobile Association Ltd, established in St. Helier (United Kingdom), represented by N. Walker, Solicitor,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented initially by F. Mattina, and subsequently by P. Bullock, acting as Agents,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM being
Duncan Petersen Publishing Ltd, established in London (United Kingdom),
ACTION brought against the decision of the Third Board of Appeal of OHIM of 12 September 2012 (Case R 172/2011-3), relating to invalidity proceedings between The Automobile Association Ltd and Duncan Petersen Publishing Ltd.
1 By letter lodged at the Registry of the General Court on 12 November 2013, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure that it wished to discontinue the proceedings with no order as to costs.
2 By letter lodged at the Registry of the General Court on 29 November 2013, the defendant informed the Court that it had no objection to the discontinuance of the proceedings and requested that the applicant should be ordered to bear the costs.
3 According to the first subparagraph of Article 87(5) of the Rules of Procedure, 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.
4 The case should therefore be removed from the register and the applicant ordered to bear its own costs and those of the defendant.
On those grounds,
THE PRESIDENT OF THE FIFTH CHAMBER
OF THE GENERAL COURT
hereby orders:
1. Case T-508/12 is removed from the register of the General Court.
2. The applicant shall bear its own costs and those incurred by the defendant.
Luxembourg, 13 December 2013.