Language of document : ECLI:EU:C:2023:931

ORDER OF THE VICE-PRESIDENT OF THE COURT

29 November 2023 (*)

(Removal from the Register)

In Case C‑418/23 P,

APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 6 July 2023,

Wenz Kunststoff GmbH & Co. KG, established in Lüdenscheid (Germany), represented by J. Bühling and D. Graetsch, Rechtsanwälte,

appellant,

the other parties to the proceedings being:

European Union Intellectual Property Office (EUIPO),

defendant at first instance,

Mouldpro ApS, established in Ballerup (Denmark),

intervener at first instance,

THE VICE-PRESIDENT OF THE COURT,

after hearing the Advocate General, L. Medina,

makes the following

Order

1        By document lodged via e-Curia on 7 November 2023, Wenz Kunststoff GmbH & Co. KG informed the Court, in accordance with Article 148 of the Rules of Procedure of the Court of Justice, that it was discontinuing its appeal.

2        In those circumstances, the present case must be removed from the Register of the Court.

3        Under Article 137 of the Rules of Procedure, a decision as to costs is to be given in the order which closes the proceedings.

4        In the present case, since the present order was adopted before the appeal was served on the other parties to the proceedings and, therefore, before those parties could have incurred costs, it is appropriate to order the appellant to bear its own costs.

On those grounds, the Vice-President of the Court hereby orders:

1.      Case C418/23 P is removed from the Register of the Court.

2.      Wenz Kunststoff GmbH & Co. KG shall bear its own costs.

Luxembourg, 29 November 2023.

A. Calot Escobar

 

L. Bay Larsen

Registrar

 

Vice-President


* Language of the case: English.