ORDER OF THE PRESIDENT
OF THE SIXTH CHAMBER OF THE GENERAL COURT
28 August 2015 (*)
(Removal from the register)
In Case T-568/13,
Bimbo, SA, established in Barcelona (Spain), represented by N. F. Fernández‑Pacheco, lawyer,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by A. Folliard-Monguiral, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court, being
Kimbo SpA, established in Naples (Italy), represented initially by M. Mostardini, G. Galimberti, F. Mellucci and S. Pallavicini, lawyers, and subsequently by M. Mostardini, G. Galimberti and F. Mellucci, lawyers,
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 28 August 2013 (Cases R 636/2012-4 and R 608/2012-4), relating to opposition proceedings between Bimbo, SA and Kimbo SpA, formerly Cafe’ do Brasil SpA.
1 By letter lodged at the Court Registry on 4 August 2015, the applicant and the intervener informed the Court that, in accordance with Article 124 of the Rules of Procedure of the General Court, they wished to discontinue proceedings because they had reached an amicable settlement. They also informed the Court that they agreed that each party would bear its own costs.
2 By letter lodged at the Court Registry on 11 August 2015, the defendant informed the Court that it had no observations to make concerning the discontinuance of the proceedings and requested, pursuant to Article 136(1) of the Rules of Procedure, that the applicant be ordered to bear the costs.
3 Article 136(1) of the Rules of Procedure provides that a party who discontinues or withdraws from proceedings is to be ordered to pay the costs if they have been applied for in the other party’s observations on the discontinuance. Further, according to Article 136(3) of the Rules of Procedure, where the parties have come to an agreement on costs, the decision as to costs is to be in accordance with that agreement.
4 The case should therefore be removed from the register, the applicant ordered to bear its own costs and to pay those incurred by the defendant, and the intervener should bear its own costs.
On those grounds,
THE PRESIDENT OF THE SIXTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-568/13 is removed from the register of the General Court.
2. Bimbo, SA shall bear its own costs and pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
3. Kimbo SpA shall bear its own costs.
Luxembourg, 28 August 2015.
E. Coulon | | S. Frimodt Nielsen |