ORDER OF THE PRESIDENT OF THE FIRST CHAMBER OF
THE GENERAL COURT
14 February 2014 (1)
(Removal from the register)
In Case T-522/12,
Alfa-Beta Vassilopoulos SA, established in Gerakas Attikis (Greece), represented by N. Lymperis, lawyer,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by A. Pohlmann, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court, being
Henkel AG & Co. KGaA, established in Düsseldorf (Germany), represented by O. Gillert and K. Vanden Bossche, lawyers,
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 1 October 2012 (Case R 2122/2011-4) relating to opposition proceedings between Henkel AG & Co. KGaA and Alfa-Beta Vassilopoulos SA.
1 By letter lodged at the Registry of the General Court on 15 January 2014, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure that it wished to discontinue proceedings. The applicant further requested that no decision as to the substance of the case or as to the costs be made by the Court.
2 By letter lodged at the Registry of the Court on 27 January 2014, the defendant informed the Court that it had no observations to make concerning the discontinuance of the proceedings and requested that the applicant should be ordered to bear the costs.
3 By letter lodged at the Registry of the Court on 29 January 2014, the intervener informed the Court that it consents to the applicant’s request to withdraw the action and that it supports the applicant’s request that no decision as to the substance of the case or as to the costs be made by the Court.
4 The first subparagraph of Article 87(5) of the Rules of Procedure provides that a party who discontinues or withdraws from proceedings shall 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 be ordered to bear its own costs.
On those grounds,
THE PRESIDENT OF THE FIRST CHAMBER OF
THE GENERAL COURT
hereby orders:
1. Case T-522/12 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, 14 February 2014.
E. Coulon | H. Kanninen
Registrar | President |