ORDER OF THE GENERAL COURT (First Chamber)
19 September 2011 (1)
(Community trade mark – Opposition – Withdrawal of the opposition – No need to adjudicate)
In Case T-473/09,
Matkompaniet AB, established in Borås (Sweden), represented by J. Gulliksson and J. Olson, lawyers,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by D. Botis, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court, being
DF World of Spices GmbH, established in Dissen (Germany), represented by A. Ebert-Weidenfeller and S. Schmüser, lawyers,
ACTION brought against the decision of the Second Board of Appeal of OHIM of 9 September 2009 (Case R 1023/2008‑2), relating to opposition proceedings between Matkompaniet AB and DF World of Spices GmbH,
THE GENERAL COURT (First Chamber),
composed of J. Azizi, President, E. Cremona, S. Frimodt Nielsen, Judges,
Registrar: E. Coulon,
makes the following
Order
1 By letter lodged at the Registry of the Court on 25 July 2011, the applicant informed the Court of an agreement between itself and the intervener and that, pursuant to that agreement, the intervener withdrew its opposition to the application for registration of the contested mark. The applicant also informed the Court that, under that agreement, each party was to bear its own costs.
2 By letter lodged at the Registry of the Court on 29 July 2011, the defendant informed the Court that it raises no objections to the case being declared devoid of purpose. The defendant requests the Court not to order it to pay the costs.
3 By letter lodged at the Registry of the Court on 8 August 2011, the intervener confirmed the existence of an amicable settlement between itself and the applicant, including in relation to costs.
4 Pursuant to Article 113 of the Rules of Procedure of the Court, it suffices in the present case to find that, in the light of the withdrawal of the opposition, the present action has become devoid of purpose. There is therefore no longer any need to adjudicate on the action (order in Case T‑10/01 Lichtwer Pharma v OHIM – Biofarma (Sedonium) [2003] ECR II‑2225, paragraphs 16 to 18).
5 Article 87(6) of the Rules of Procedure provides that, where a case does not proceed to judgment, the costs are in the discretion of the Court.
6 In the present case, the Court considers that the applicant and the intervener must be ordered to bear their own costs and each to pay half of those incurred by the defendant.
On those grounds,
THE GENERAL COURT (First Chamber)
hereby orders:
1. There is no need to adjudicate on the action.
2. The applicant and the intervener shall bear their own costs and shall each pay half of those incurred by the defendant.
Luxembourg, 19 September 2011.