ORDER OF THE PRESIDENT OF THE SECOND CHAMBER OF THE GENERAL COURT
17 April 2015 (1)
(Removal from the register)
In Case T-536/13,
Microsoft Corp., established in Redmond, Washington (United States), represented by A. Meijboom, lawyer,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by P. Bullock and N. Bambara, acting as Agents,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court, being
Softkinetic Software SA, established in Brussels (Belgium), represented by E. Ragot, lawyer,
ACTION brought against the decision of the First Board of Appeal of OHIM of 25 July 2013 (Case R 2373/2011‑1), relating to opposition proceedings between Softkinetic Software SA and Microsoft Corp.,
1 By letter lodged at the Registry of the General Court on 9 March 2015, the applicant informed the Court, in accordance with Article 99 of the Rules of Procedure, that due to a settlement reached with the intervener it wished to discontinue proceedings and requested that the applicant and the intervener shall bear their own costs.
2 By letter lodged at the Registry of the Court on the same day, the intervener also informed the Court about the settlement it reached with the applicant, set forth no objection to the discontinuance of the proceedings and requested that the applicant and the intervener shall bear their own costs.
3 By letter lodged at the Registry of the Court on 23 March 2015, the defendant informed the Court that it had no objection to the discontinuance of the proceedings and requested that the applicant be ordered to bear the costs.
4 The first subparagraph of Article 87(5) of the Rules of Procedure provides that 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. Further, according to the second subparagraph of Article 87(5) of the Rules of Procedure, where the parties have come to an agreement on costs, the order for costs shall be in accordance with that agreement.
5 The case should therefore be removed from the register, the applicant ordered to bear its own costs and those of the defendant and the intervener should be ordered to bear its own costs.
On those grounds,
THE PRESIDENT OF THE SECOND CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-536/13 is removed from the register of the General Court.
2. The applicant shall bear its own costs and those of the defendant.
3. The intervener shall bear its own costs.
Luxembourg, 17 April 2015.
E. Coulon | | M. E. Martins Ribeiro |