ORDER OF THE PRESIDENT
OF THE SIXTH CHAMBER OF THE GENERAL COURT
16 March 2016(*)
(Removal from the register)
In Case T-571/15,
Bimbo, SA, established in Barcelona (Spain), represented by J. Carbonell Callicó, lawyer,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by M. Fischer, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM being
International Supermarket Stores (ISMS) SA, established in Croix (France),
ACTION brought against the decision of the Fourth Board of Appeal of OHIM, of 17 July 2015 (Case R 1297/2014-4), relative to opposition proceedings between BIMBO SA and International Supermarket Stores (ISMS) SA.
1 By letter lodged at the Court Registry on 4 March 2016, 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 and requested that it should not be ordered to bear the costs.
2 By letter lodged at the Court Registry on 10 March 2016, the defendant informed the Court that it had no objections concerning the discontinuance of the proceedings, and requested that 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 and the applicant ordered to bear its own costs and to pay those incurred by the defendant.
On those grounds,
THE PRESIDENT OF THE SIXTH CHAMBER OF
THE GENERAL COURT
hereby orders:
1. Case T-571/15 is removed from the register of the General Court.
2. Bimbo, SA shall bear its own costs and pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Luxembourg, 16 March 2016.
E. Coulon | | S. Frimodt Nielsen |