ORDER OF THE PRESIDENT
OF THE FIRST CHAMBER OF THE GENERAL COURT
22 June 2016 (*)
(Removal from the register)
In Case T-269/14,
Gain Capital UK Ltd, formerly City Index Ltd, established in London (United Kingdom), represented initially by B. Brandreth, Barrister and subsequently by A. Bryson, Barrister, and J. Fish, Solicitor,
applicant,
v
European Union Intellectual Property Office (EUIPO), represented initially by P. Geroulakos, and subsequently by D. Gája, acting as Agents,
defendant,
the other parties to the proceedings before the Board of Appeal of EUIPO, interveners before the Court, being
Citigroup, Inc., established in New York (New York, United States),
Citibank, NA, established in New York (New York, United States),
represented by C. Hughes, Solicitor, and V. von Bomhard, lawyer,
ACTION brought against the decision of the Second Board of Appeal of EUIPO of 19 February 2014 (Case R 172/2013-2), relating to opposition proceedings between Citigroup, Inc. and Citibank, NA, on the one hand, and Gain Capital UK Ltd, formerly City Index Ltd, on the other hand.
1 By letter lodged at the Court Registry on 26 May 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. It sought no order as to costs.
2 By letter lodged at the Court Registry on 6 June 2016, the intervener informed the Court that in its view the request for discontinuance had been lodged in accordance with Article 125 of the Rules of procedure and that it had not concluded an amicable settlement within the meaning of Article 124 of the Rules of Procedure. The intervener requested that the costs be borne in their entirety by the applicant, as per Article 136(1) of the Rules of Procedure. It also confirmed that in accordance with Article 187 of the Rules of Procedure, the cross-claim has become devoid of purpose as a result of the discontinuance of the main action by the applicant.
3 By letter lodged at the Court Registry on 13 June 2016, the defendant informed the Court that it had no objection to the discontinuance of the proceedings and requested pursuant to Article 136(1) of the Rules of Procedure that the applicant be ordered to bear the costs.
4 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.
5 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 and the intervener.
On those grounds,
THE PRESIDENT OF THE FIRST CHAMBER
OF THE GENERAL COURT
hereby orders:
1. Case T-269/14 is removed from the register of the General Court.
2.
3. Gain Capital UK Ltd, formerly City Index Ltd, shall bear its own costs and pay those incurred by the European Union Intellectual Property Office (EUIPO), on the one hand, and Citigroup, Inc. and Citibank, NA, on the other hand.
Luxembourg, 22 June 2016.