ORDER OF THE PRESIDENT OF THE SEVENTH CHAMBER
OF THE GENERAL COURT
14 December 2012 (1)
(Removal from the register)
In Case T-32/12,
Muslahadin Vardar, established in Löhne (Germany), represented by I. Höfener and M. Boden, lawyers,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by P. Geroulakos, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court, being
Joker, Inc., established in Allen (United States), represented initially by C. May, Barrister, and subsequently by R. Hoy and R. Kay, Solicitors, and J. Bowhill QC,
Action brought against the decision of the Fourth Board of Appeal of OHIM of
17 November 2011 (Case R 475/2011-4) relating to opposition proceedings between Joker, Inc. and Muslahadin Vardar,
1 By letter lodged at the Registry of the General Court on 16 October 2012, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure that it wished to discontinue proceedings.
2 By letter lodged at the Registry of the Court on 23 October 2012, the defendant informed the Court that it had no objection to the removal of the case from the Register and requested, pursuant to Article 87(5) of the Rules of Procedure, that the applicant be ordered to bear the costs.
3 By decision of the President of Chamber, the observations on the discontinuance of the proceedings lodged by the intervener on 5 November 2012 were not accepted as the document did not comply with the formal requirements of Article 43(1)(1) of the Rules of Procedure. Furthermore, the President of Chamber has decided not to put the annex of the observations on the discontinuance of the proceedings lodged by the intervener on 5 November 2012 to the file, since it is not provided for by the Rules of Procedure.
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.
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 be ordered to bear its own costs.
On those grounds,
THE PRESIDENT OF THE SEVENTH CHAMBER
OF THE GENERAL COURT
hereby orders:
1. Case T-32/12 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, 14 December 2012.
E. Coulon | A. Dittrich
Registrar | President |