ORDER OF THE PRESIDENT OF THE THIRD CHAMBER
OF THE GENERAL COURT
20 March 2014(1)
(Removal from the register)
In Case T-12/14,
Cash Money Records, Inc., established in New Orleans (United States), represented by T. Stein, lawyer,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), established in Alicante (Spain), represented by D. Botis, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM being
YMC Ltd, established in London (United Kingdom),
ACTION brought against the decision of the Chairman of the Fifth Board of Appeal of OHIM of 12 November 2013, not to stay the proceedings in Case R 899/2013-5.
1 By letter lodged at the Registry of the General Court on 10 February 2014, the applicant informed the Court, in accordance with Article 99 of the Rules of Procedure, that it wished to discontinue proceedings. The applicant further requested that the defendant be ordered to bear the costs, pursuant to Article 87(5) of the Rules of Procedure, since it appeared justified by its conduct.
2 By letter lodged at the Registry of the General Court on 7 March 2014, the defendant informed the Court that it had no objection to the discontinuance of the proceedings. It further stressed that the decision challenged by the present action was not subject to appeal and that the application would, in any event, be considered inadmissible. It requested therefore that the applicant 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 or withdraws from proceedings shall be ordered to pay the costs if they have been applied for in the observations of the other party on the discontinuance. However, upon application by the party who discontinues or withdraws from proceedings, the costs shall be borne by the other party if this appears justified by the conduct of that party.
4 In the present case, it does not derive from the case-file that the conduct of the defendant justifies that it should bear the costs of the proceedings. The applicant’s request should therefore be rejected and the applicant should be ordered to bear its own costs as well as the costs incurred by the defendant in relation to the application for discontinuance.
5 The case should therefore be removed from the register and the applicant be ordered to bear the costs.
On those grounds,
THE PRESIDENT OF THE THIRD CHAMBER
OF THE GENERAL COURT
hereby orders:
1. Case T-12/14 is removed from the register of the General Court.
2. The applicant shall bear the costs.
Luxembourg, 20 March 2014.