ORDER OF THE PRESIDENT OF THE FIFTH CHAMBER OF THE GENERAL COURT
25 November 2013 (1)
(Removal from the register)
In Case T-523/13,
Euromed, SA, established in Mollet del Vallés (Spain), represented by E. Sugrañes Coca, lawyer,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by D. Botis, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM being
DC Druck-Chemie GmbH, established in Ammerbuch-Altingen (Germany),
Action brought against the decision of the First Board of Appeal of OHIM of 27 June 2013 (Case R 1854/2012-1) relating to opposition proceedings between Euromed SA and DC Druck-Chemie GmbH.
1 By letter lodged at the Registry of the General Court on 23 October 2013, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure that it wished to discontinue proceedings.
2 By letter lodged at the Registry of the General Court on 31 October 2013, the defendant informed the Court that it had no objections as to the discontinuance of the proceedings and requested that it should not be ordered to bear the costs.
3 According to the first subparagraph of Article 87(5) of the Rules of Procedure, 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.
4 By its application that it should not be ordered to bear the costs the defendant essentially submitted that the applicant should be ordered to bear the costs (order of 27 April 2006 in Case T-377/03 ATI Technologies v OHIM – Asociación de Técnicos de Informatica (ATI), not published in the ECR, paragraph 6).
5 The case should therefore be removed from the register and the applicant ordered to bear its own costs and those of the defendant.
On those grounds,
THE PRESIDENT OF THE FIFTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-523/13 is removed from the register of the General Court.
2. The applicant shall bear its own costs and those incurred by the defendant.
Luxembourg, 25 November 2013 .