ORDER OF THE PRESIDENT OF THE THIRD CHAMBER
OF THE COURT OF FIRST INSTANCE
2 February 2007 (*)
(Removal from the Register)
In Case T-248/06,
The Professional Golfers’ Association Limited, established in Sutton Coldfield (United Kingdom), represented by D. McFarland, Barrister,
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, intervening before the Court of First Instance, being
Ladies Professional Golf Association (Corporation), established in Daytona Beach, (USA), represented by G. Farrington, Solicitor,
ACTION brought against the decision of the Second Board of Appeal of OHIM of 11 July 2006 (Case R 1087/2005-2) relating to opposition proceedings between The Professional Golfers’ Association Limited and Ladies Professional Golf Association (Corporation),
THE PRESIDENT OF THE THIRD CHAMBER
OF THE COURT OF FIRST INSTANCE
OF THE EUROPEAN COMMUNITIES
makes the following
Order
1 By letter lodged at the Court Registry on 14 December 2006, the applicant informed the Court of First Instance, in accordance with Article 99 of the Rules of Procedure of the Court of First Instance, that it wishes to discontinue the proceedings and that the applicant and the intervener have come to an agreement in relation to costs, according to which each party shall bear its own costs.
2 By letter lodged at the Court Registry on 20 December 2006, the defendant indicated to the Court of First Instance that it had no objections to the discontinuance of the proceedings and would agree that each party bear its own costs.
3 By letter lodged at the Court Registry on 5 January 2007, the intervener indicated to the Court of First Instance that it had no objections to the discontinuance of the proceedings and confirmed that it did not want to pursue an award for costs against the applicant.
4 Article 87(5), second subparagraph, of the Rules of Procedure provides that where discontinuance has been applied for and the parties have come to an agreement on costs, the decision as to costs shall be in accordance with that agreement.
On those grounds,
THE PRESIDENT OF THE THIRD CHAMBER
hereby orders:
1. Case T-248/06 is removed from the register of the Court of First Instance.
2. Each party shall bear its own costs.
Luxembourg, 2 February 2007.