ORDER OF THE PRESIDENT OF THE FIRST CHAMBER OF THE GENERAL COURT
24 February 2014 (1)
(Removal from the register)
In Case T-100/11,
MSE Pharmazeutika GmbH, established in Bad Homburg (Germany), represented by T. Büttner and C. Krüger, lawyers,
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
Merck Sharp & Dohme Corp., established in New Jersey (United States), represented by S. Malynicz, lawyer,
ACTION brought against the decision of the First Board of Appeal of OHIM of 9 December 2010 (Case R 724/2010-1), relating to opposition proceedings between Merck Sharp & Dohme Corp. and MSE Pharmazeutika GmbH,
1 By letter lodged at the Registry of the General Court on 13 January 2014, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure that it wished to discontinue proceedings. It did not seek an order as to costs.
2 By letter lodged at the Registry of the Court on 24 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 be ordered to bear the costs.
3 The intervener did not lodge any observations on the withdrawal.
4 The first subparagraph of Article 87(5) of the Rules of Procedure provides that a party who discontinues the proceedings 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 third subparagraph of Article 87(5) of the Rules of Procedure, if costs are not applied for, the parties shall bear their own costs.
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 should 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-100/11 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, 24 February 2014.