ORDER OF THE PRESIDENT OF THE FIFTH CHAMBER OF THE GENERAL COURT
3 September 2013(1)
(Removal from the register)
In Case T-549/12,
Nemeco, established in Paris (France), represented by E. Gaspar, lawyer,
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, being
The Coca –Cola Company, established in Atlanta (United States),
Action brought against the decision of the Second Board of Appeal of OHIM of 16 October 2012 (R 266/2012-2) relating to opposition proceedings between Nemeco and The Coca-Cola Company,
1 By letter lodged at the Registry of the General Court on 1 July 2013, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure that it wished to discontinue proceedings and that the applicant and the other party to the proceedings before the Board of Appeal had reached an agreement by which each would bear its own costs.
2 By letter lodged at the Registry of the General Court on 11 July 2013, the defendant informed the Court that it had no objection to the discontinuance of the proceedings but requested pursuant to Article 87(5) of the Rules of Procedure 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 proceedings is to be ordered to pay the costs if they have been applied for in the observations of the other party on the discontinuance.
4 The case should therefore be removed from the register and the applicant ordered to bear its own costs and those of the defendant.
On those grounds,
THE PRESIDENT OF THE FIFTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-549/12 is removed from the register of the General Court.
2. The applicant shall bear its own costs and those incurred by the defendant.
Luxembourg, 3 September 2013.