ORDER OF THE PRESIDENT OF THE SEVENTH CHAMBER OF THE GENERAL COURT
11 July 2014 (1)
(Removal from the register)
In Case T-139/13,
Eltek SpA, established in Casale Monferrato (Italy), represented by G. Floridia and R. Floridia, lawyers,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by A. Pohlmann, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court, being
Eltec Elektronik AG, established in Mainz (Germany), represented by D. Burghardt, lawyer,
ACTION brought against the decision of the First Board of Appeal of OHIM of 22 January 2013 (Case R 511/2012-1) relating to the opposition proceedings between Eltec Elektronik AG and Eltek SpA.
1 By letter lodged at the Registry of the General Court on 5 May 2014, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure that it wished to discontinue proceedings. It sought no order as to the costs of the proceedings.
2 By letter lodged at the Registry of the Court on 19 May 2014, the defendant informed the Court that it had no objection to make concerning the discontinuance of the proceedings and requested that the applicant should be ordered to bear the costs.
3 By letter lodged at the Registry of the Court on 23 May 2014, the intervener informed the Court that it agreed with the discontinuance and referred to the applicant’s letter of 5 May 2014 where it was stated that the intervener did not claim any costs from the applicant.
4 The first subparagraph of Article 87(5) of the Rules of Procedure provides that 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. Further, according to the second subparagraph of Article 87(5) of the Rules of Procedure, where the parties have come to an agreement on costs, the order for costs shall be in accordance with that agreement.
5 The case should therefore be removed from the register, the applicant ordered to bear its own costs and those of the defendant, and the intervener should bear its own costs.
On those grounds,
THE PRESIDENT OF THE SEVENTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-139/13 is removed from the register of the General Court.
2. The applicant shall bear its own costs and those of the defendant.
3. The intervener shall bear its own costs.
Luxembourg, 11 July 2014 .
E. Coulon | | M. van der Woude |