ORDER OF THE PRESIDENT OF THE FIRST CHAMBER
OF THE GENERAL COURT
19 October 2012 (1)
(Removal from the register)
In Case T-617/11,
Meyr-Melnhof Karton AG, established in Vienna (Austria), represented by
P. Baronikians and N. Wittich, lawyers,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by V. Melgar, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM being
Stora Enso Oyj, established in Helsinki (Finland),
Action brought against the decision of the Second Board of Appeal of the OHIM of 21 September 2011 (Case R 2139/2010-2) relating to the opposition proeedings between Stora Enso Oyj and Meyr-Melnhof Karton AG.
1 By letter lodged at the Registry of the General Court on 17 September 2012, 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 4 October 2012, the defendant informed the Court that it had no objections to the discontinuance of the proceedings and requested that the applicant should 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.
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-617/11 is removed from the register of the General Court.
2. The applicant shall bear its own costs and those incurred by the defendant.
Luxembourg, 19 October 2012.