Order of the General Court of 17 May 2010 - Volkswagen v OHIM - Deutsche BP (SunGasoline)

(Case T-502/08) ¹

(Community trade mark - Opposition - Withdrawal of opposition - No need to rule)

Language of the case: German

Parties    

Applicant: Volkswagen AG (Wofsburg, Germany) (represented by: H.-P. Schrammek, C. S. Drzymalla and S. Risthaus, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: S. Schäffner, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Deutsche BP AG (Gelsenkirchen, Germany)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 19 September 2008 (Case R 513/2007-4), concerning opposition proceedings between Deutsche BP AG and Volkswagen AG

Operative part of the judgment

The Court:

1.    Holds that there is no need to rule on the action;

2.    Orders the applicant and the defendant to pay their own costs.

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¹ - OJ C 44, 21.2.2009.