ORDER OF THE PRESIDENT OF THE SIXTH CHAMBER OF THE GENERAL COURT
11 November 2010 (1)
(Removal from the register)
In Case T-29/09,
Easycamp B.V., established in Amersfoort (The Netherlands), represented by C. Beijer, lawyer,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs), represented by A. Folliard-Monguiral, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court, being
Oase Outdoors ApS, established in Give (Denmark), represented by K. Wallberg and T. Meedom, lawyers,
Action brought against the decisions of the First Board of Appeal of 30 October 2008 (Joined Cases R 853/2007-1 and R 916/2007-1) relating to opposition proceedings relating to opposition proceedings between Oase Outdoors ApS and Easycamp B.V.
1 By letter lodged at the Registry of the General Court on 25 October 2010, the applicant informed the Court, in accordance with Article 99 of the Rules of Procedure, that it wished to discontinue proceedings and that the question of costs had been the subject of an agreement between the parties, according to which the applicant and the intervener would each bear their own costs.
2 By letter lodged at the Registry of the Court on 29 October 2010, the defendant informed the Court that it had no objections to raise concerning the discontinuance of the proceedings but, pursuant to Article 87(5) of the Rules of Procedure, requested that the applicant be ordered to bear the costs.
3 By letter lodged at the Registry of the Court on 3 November 2010, the intervener informed the Court that it had no objection to raise concerning the discontinuance and that, as a consequence of the settlement reached between the parties, each party would bear its own costs.
4 Article 87(5), first subparagraph, of the Rules of Procedure provides that the party who discontinues or withdraws from the proceedings be ordered to bear 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.
5 The second subparagraph of Article 87(5) of the Rules of Procedure provides that, where proceedings are discontinued and the parties have come to an agreement on costs, the order for costs shall be in accordance with that agreement. In the present case, the applicant and the intervener have come to an agreement according to which each would bear their own costs.
6 The case will therefore be removed from the register and the applicant will bear its own costs and those incurred by the defendant, in accordance with Article 87(5), first subparagraph, of the Rules of Procedure, while the intervener will bear its own costs, in accordance with the agreement on costs reached with the applicant, applicable by virtue of Article 87(5), second subparagraph, of the Rules of Procedure.
On those grounds,
THE PRESIDENT OF THE SIXTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-29/09 is removed from the register of the General Court.
2. The applicant will bear its own costs as well as those incurred by the defendant.
3. The intervener will bear its own costs.
Luxembourg, 11 November 2010.
E. Coulon | | E. Moavero Milanesi |