ORDER OF THE PRESIDENT OF THE SEVENTH CHAMBER OF THE GENERAL COURT
16 June 2010 (1)
(Removal from the register)
In Case T-295/08,
CPS Color Group Oy, established in Vantaa (Finland), represented by P. Hagman, lawyer,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs), 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
Fema Farben und Putze GmbH, established in Ettlingen (Germany), represented by T. Schmitz, lawyer,
ACTION brought against the decision of the First Board of Appeal of OHIM of 7 May 2008 (Case R 808/2007-1), relating to opposition proceedings between CPS Color Group Oy and Fema Farben und Putze GmbH,
1 By letter lodged at the Registry of the General Court on 21 April 2010, the applicant informed the Court, in accordance with Article 99 of the Rules of Procedure, that it wished to discontinue proceedings and that the question of costs had been the subject of an agreement between the parties, according to which the applicant and the intervener will bear their own respective costs.
2 By letter lodged at the Registry of the Court on 3 May 2010, the defendant informed the Court that it did not have any observations on the withdrawal.
3 By letter lodged at the Registry of the Court on 12 May 2010, the applicant informed the Court that the applicant and the defendant agreed to bear their respective costs.
4 By letter lodged at the Registry of the Court on 31 May 2010, the defendant confirmed that the applicant and the defendant agreed to bear their own respective costs.
5 The second subparagraph of Article 87(5) of the Rules of Procedure provides that, where proceedings are discontinued and the parties have come to an agreement on costs, the order for costs shall be in accordance with that agreement.
6 The case will therefore be removed from the register and the order for costs shall be as agreed between the parties.
On those grounds,
THE PRESIDENT OF THE SEVENTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-295/08 is removed from the register of the General Court.
2. The parties will bear their own respective costs.
Luxembourg, 16 June 2010.