ORDER OF THE PRESIDENT OF THE THIRD CHAMBER
OF THE GENERAL COURT
12 December 2013 (1)
(Removal from the register)
In Case T-530/13,
Room Seven BV, established in Alkmaar (Netherlands), represented by A. Mak, lawyer,
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 being
Seven SpA, established in Leini (Italy),
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 16 July 2013 (Case R 955/2012-4), relating to opposition proceedings between Seven SpA and Room Seven BV.
1 By letter lodged at the Registry of the General Court on 11 November 2013, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure that it wished to discontinue proceedings. It sought no order as to costs.
2 By letter lodged at the Registry of the General Court on 19 November 2013, the defendant informed the Court that it had no objection to the discontinuance of the proceedings and requested that it should not be ordered to bear the costs.
3 According to the first subparagraph of Article 87(5) of the Rules of Procedure, 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.
4 By its application that it should not be ordered to bear the costs the defendant essentially submitted that the applicant should be ordered to bear the costs (order of 27 April 2006 in Case T-377/03 ATI Technologies v OHIM – Asociación de Técnicos de Informatica (ATI), not published in the ECR, paragraph 6).
5 The case should therefore be removed from the register and the applicant ordered to bear its own costs and those of the defendant.
On those grounds,
THE PRESIDENT OF THE THIRD CHAMBER
OF THE GENERAL COURT
hereby orders:
1. Case T-530/13 is removed from the register of the General Court.
2. The applicant shall bear its own costs and those incurred by the defendant.
Luxembourg, 12 December 2013.