ORDER OF THE PRESIDENT OF THE THIRD CHAMBER
OF THE GENERAL COURT
12 December 2013 (1)
(Removal from the register)
In Case T-574/11,
Unipol Banca SpA, established in Bologna (Italy), represented by P. Costa and P. Creta, lawyers,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by V. Melgar, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court, being
Union Investment Privatfonds GmbH, established in Frankfurt am Main (Germany), represented by M. Schmidhuber and A. Haberer, lawyers,
ACTION brought against the decision of the Second Board of Appeal of OHIM of 13 July 2011 (Case R 597/2010‑2) relating to opposition proceedings between Union Investment Privatfonds GmbH and Unipol Banca SpA.
1 By letter lodged at the Registry of the General Court on 12 November 2013, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure that it wished to discontinue the proceedings. The applicant further informed that the question of costs had been the subject of an agreement between the parties, according to which the applicant shall bear its own costs and those of the defendant, and the intervener shall bear its own costs.
2 By letter lodged at the Registry of the Court on 15 November 2013, the defendant informed the Court that it had no objection to the discontinuance of the proceedings and requested that the applicant should be ordered to bear the costs.
3 The intervener did not submit any observations.
4 The first subparagraph of Article 87(5) of the Rules of Procedure provides that 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. 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 decision as to 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 THIRD CHAMBER
OF THE GENERAL COURT
hereby orders:
1. Case T-574/11 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, 12 December 2013.