ORDER OF THE PRESIDENT OF THE GENERAL COURT
30 November 2011 (1)
(Removal from the register)
In Case T-303/11,
Piervittorio Francesco Leopardi Dittajuti, residing in Numana (Italy), represented by D. De Simone, D. Demarinis and G. Orsoni, lawyers,
applicant,
v
Office for Harmonization in the Internal Market (Trade Marks and Designs) (OHIM), represented by P. Bullock, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM being
Pedro Llopart Vilarós, residing in Sant Sadurni D’Anoia (Spain),
ACTION brought against the decision of the Second Board of Appeal of OHIM of 6 April 2011 (Case R 1437/2010-2), relating to opposition proceedings between Pedro Llopart Vilarós and Piervittorio Francesco Leopardi Dittajuti,
1 By letter lodged at the Registry of the General Court on 8 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 14 November 2011, the defendant informed the Court that it had no objection to the discontinuance of the proceedings and requested pursuant to Article 87(5) of the Rules of Procedure that the applicant be ordered to bear the costs.
3 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 requested that the costs of the proceedings be borne by the applicant.
4 The case will therefore be removed from the register and the applicant be ordered to pay the costs.
On those grounds,
THE PRESIDENT OF THE GENERAL COURT
hereby orders:
1. Case T-303/11 is removed from the register of the General Court.
2. The applicant shall bear its own costs and the costs incurred by the defendant.
Luxembourg, 30 November 2011.