ORDER OF THE PRESIDENT OF THE EIGHTH CHAMBER OF THE GENERAL COURT
20 December 2023 (*)
(Removal from the Register)
In Case T-273/23,
Impossible Foods Inc., established in Redwood City, California (United States), represented by T. Cohen Jehoram, lawyer,
applicant,
v
European Union Intellectual Property Office (EUIPO), represented by J. Ivanauskas, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court, being
Société des produits Nestlé SA, established in Vevey (Switzerland), represented by C. Elkemann and A. Jaeger-Lenz, lawyers,
1 By its action under Article 263 TFEU, the applicant, Impossible Foods Inc., seeks the annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 17 March 2023 in Case R 665/2022-5.
2 By letters lodged at the Court Registry on 2 November 2023 and 3 November 2023, the applicant and the intervener respectively each informed the Court that they had reached an amicable settlement regarding all matters of the dispute and requested that the case be removed from the Register on the basis of Article 124 of the Rules of Procedure of the General Court. They did not seek any order as to costs.
3 By letter lodged at the Court Registry on 10 November 2023, the defendant informed the Court that it had no objections to the discontinuance of the proceedings and requested not to be ordered to bear the costs.
4 Pursuant to Article 124(2) of the Rules of Procedure, Article 124 of those rules is not applicable to proceedings under Article 263 TFEU. Article 124 of those rules is therefore not applicable to the present case.
5 The letter lodged at the Court Registry on 2 November 2023 by the applicant must therefore be interpreted as a request for discontinuance of the proceedings, on the basis of Article 125 of the Rules of Procedure, seeking that the President of the Chamber order the removal of the case from the Register.
6 Article 136(1) of the Rules of Procedure provides that a party who discontinues or withdraws from proceedings shall be ordered to pay the costs if they have been applied for in the other party’s observations on the discontinuance. Further, Article 136(4) of the Rules of Procedure provides that if costs are not claimed, the parties shall bear their own costs.
7 By its request that it should not be ordered to bear the costs, the defendant essentially submitted that the applicant should be ordered to bear the costs (order of 27 April 2006, ATI Technologies v OHIM — Asociación de Técnicos de Informatica, T‑377/03, not published, EU:T:2006:115, paragraph 6).
8 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 EIGHTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-273/23 is removed from the Register of the General Court.
2. Impossible Foods Inc. shall bear its own costs and pay those incurred by the European Union Intellectual Property Office (EUIPO).
3. Société des produits Nestlé SA shall bear its own costs.
Luxembourg, 20 December 2023.