ORDER OF THE PRESIDENT
OF THE NINTH CHAMBER OF THE GENERAL COURT
Date 13 November 2018 (*)
(Removal from the register)
In Case T‑171/13 DEP,
Benelli Q. J. Srl, established in Pesaro (Italy), represented by P. Lukácsi, lawyer,
applicant,
v
European Union Intellectual Property Office (EUIPO),
defendant,
the other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court, being
Demharter GmbH, established in Dillingen (Germany), represented by A. Kohn, lawyer,
APPLICATION for taxation of the costs lodged by Demharter GmbH following the judgment of 2 February 2016 in Benelli Q. J. v OHMI – Demharter (MOTOBI B PESARO) (T-171/13, EU:T:2016:54).
1 By letter lodged at the Court Registry on 10 September 2018, the intervener informed the Court, in accordance with Article 125 of the Rules of Procedure of the General Court, that due to an agreement reached with the applicant it wished to discontinue proceedings.
2 By letter lodged at the Court Registry on 28 September 2018, the applicant informed the Court that it consents to the withdrawal and that it does not claim any costs regarding the current taxation of costs procedure.
3 Article 136(4) of the Rules of Procedure provides that, where proceedings are discontinued, if costs are not claimed, the parties are to bear their own costs.
4 The case shall therefore be removed from the register and, in absence of any claim in that regard, the parties ordered to bear their own costs.
On those grounds,
THE PRESIDENT OF THE NINTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-171/13 DEP is removed from the register of the General Court.
2. Demharter GmbH and Benelli Q. J. Srl shall bear their own costs.
Luxembourg, 13 November 2018.