ORDER OF THE PRESIDENT OF THE SIXTH CHAMBER OF THE GENERAL COURT
13 March 2024 (*)
(Removal from the Register)
In Case T-498/23,
Puma SE, established in Herzogenaurach (Germany), represented by M. Schunke and P. Trieb, lawyers,
applicant,
v
European Union Intellectual Property Office (EUIPO), represented by D. Gája, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of the EUIPO being
Crimea SAS di Mario Martucci, established in Turin (Italy),
1 By its action under Article 263 TFEU, the applicant, Puma SE, seeks the annulment of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 16 May 2023 in the case R 2512/2015-2.
2 By letters lodged at the Court Registry on 12 February 2024 and 14 February 2024, the applicant informed the Court, in accordance with Article 125 of the Rules of Procedure of the General Court, that, following an agreement between itself and the other party to the proceedings before the Board of Appeal of the EUIPO, it wished to discontinue proceedings. It sought no order as to costs.
3 By letter lodged at the Court Registry on 20 February 2024, the defendant informed the Court that it had no objection to the discontinuance of the proceedings, and requested that it should not be ordered to bear the costs.
4 Article 136(1) of the Rules of Procedure provides that a party who discontinues or withdraws from proceedings is to be ordered to pay the costs if they have been applied for in the other party’s observations on the discontinuance.
5 By its request that it should not be ordered to bear the costs, the defendant essentially submitted that the applicant should be ordered to bear the costs (order of 27 April 2006, ATI Technologies v OHIM — Asociación de Técnicos de Informatica, T‑377/03, not published, EU:T:2006:115, paragraph 6).
6 The case should therefore be removed from the Register and the applicant ordered to bear its own costs and to pay those incurred by the defendant.
On those grounds,
THE PRESIDENT OF THE SIXTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T‑498/23 is removed from the Register of the General Court.
2. Puma SE shall bear its own costs and pay those incurred by the European Union Intellectual Property Office (EUIPO).
Luxembourg, 13 March 2024.
V. Di Bucci | | M. J. Costeira |