ORDER OF THE PRESIDENT OF THE SEVENTH CHAMBER
OF THE GENERAL COURT
12 December 2011(1)
(Removal from the register)
In Joined Cases T-528/10, T-69/11 and T-77/11
Truvo Belgium, established in Antwerp (Belgium), represented by
O. F. A. W. van Haperen, lawyer,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by P. Geroulakos, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court, being
AOL Inc., established in Dulles (United States of America), represented by P. L. Roncaglia, G. Lazzeretti, M. Boletto and E. Gavuzzi, lawyers,
ACTIONS brought against the decisions of the Second Board of Appeal of OHIM of 31 August 2010 (Case R 893/2009-2), 21 October 2010 (Case R 956/2009-2) and 7 November 2010 (R 923/2009-2) relating to opposition proceedings between AOL LLC and Truvo Belgium Comm. V.
1 By letters lodged at the Registry of the General Court on 9 November 2011, 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 Court on 16 November 2011, the defendant informed the Court that it had no objection to the removal of the cases from the Register and requested pursuant to Article 87(5) of the Rules of Procedure that the applicant be ordered to bear the costs.
3 By letter lodged at the Registry of the Court on 28 November 2011, the intervener informed the Court that it did not object 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 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. In the present case, the defendant and the intervener requested that the costs of the proceedings be borne by the applicant.
5 The cases T-528/10, T-69/11 and T-77/11 will therefore be removed from the register and the applicant be ordered to bear its own costs and those of the defendant and the intervener.
On those grounds,
THE PRESIDENT OF THE SEVENTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Cases T-528/10, T-69/11 and T-77/11 are removed from the register of the General Court.
2. The applicant shall bear its own costs and those of the defendant and the intervener.
Luxembourg, 12 December 2011.