ORDER OF THE PRESIDENT OF THE FIRST CHAMBER OF THE GENERAL COURT
15 April 2011 (1)
(Removal from the register)
In Case T-371/10,
Amor GmbH, established in Obertshausen (Germany), represented by
M. Hartmann, lawyer,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by J. Crespo Carrillo, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM being
Jablonex Group a.s., established in Jablonec nad Nisou (Czech Republic),
Action brought against the decision of the Second Board of Appeal of OHIM of 14 June 2010 (Case 619/2009-2) relating to opposition proceedings between Amor GmbH and Jablonex Group a.s.
1 By letter lodged at the Registry of the General Court on 11 March 2011, 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 costs.
2 By letter lodged at the Registry of the General Court on 17 March 2011, the defendant informed the Court that it had no observations to make concerning the discontinuance of the proceedings and requested 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 is to be ordered to pay the costs if they have been applied for in the observations of the other party on the discontinuance. In the present case the defendant has applied for the applicant to bear the costs.
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 FIRST CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-371/10 is removed from the register of the General Court.
2. The applicant shall bear its own costs and those incurred by the defendant.
Luxembourg, 15 April 2011.