ORDER OF THE PRESIDENT
OF THE THIRD CHAMBER OF THE GENERAL COURT
21 October 2015 (*)
(Removal from the register)
In Case T-28/13,
ECC Couture BV, established in Oldenzaal (Netherlands), represented initially by M. A. S. M. van Leent and I. de Jonge, and subsequently by M. H. Elferink and M. J. M. Kortier, lawyers,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), 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
Ball Wholesale ApS, established in Billund (Denmark), represented by L. Elmgaard Sørensen, lawyer,
ACTION brought against the decision of the First Board of Appeal of OHIM of 22 October 2012 (Case R 290/2012-1) relating to invalidity proceedings between Ball Wholesale ApS and ECC Couture BV.
1 By letter lodged at the Court Registry on 1 October 2015, the applicant informed the Court that it wished to discontinue the proceedings because the case had become devoid of purpose due to the withdrawal of the request for a declaration of invalidity by Ball Wholesale ApS. It further stated that, in accordance with the agreement concluded between the applicant and the intervener with regard to the costs of the proceedings, each party shall bear its own costs.
2 By letter lodged at the Court Registry on 5 October 2015, the defendant informed the Court that it had no objection to the discontinuance of the proceedings and requested that, pursuant to Article 136(1) of the Rules of Procedure, the applicant be ordered to bear the costs.
3 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. Further, according to Article 136(3) of the Rules of Procedure, where the parties have come to an agreement on costs, the decision as to costs is to be in accordance with that agreement.
4 The case should therefore be removed from the register, the applicant ordered to bear its own costs as well as those incurred by the defendant, and the intervener should be ordered to bear its own costs.
On those grounds,
THE PRESIDENT OF THE THIRD CHAMBER OF THE GENERAL COURT
hereby orders:
1) Case T-28/13 is removed from the register of the General Court.
2) ECC Couture BV shall bear its own costs as well as those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
3)
4) Ball Wholesale ApS shall bear its own costs.
Luxembourg, 21 October 2015.