ORDER OF THE PRESIDENT OF THE SECOND CHAMBER
OF THE GENERAL COURT
17 February 2011 (1)
(Removal from the register)
In Case T-217/10,
Rautaruukki Oy, established in Helsinki (Finland), represented by
J. Tanhuanpää, lawyer,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by J. F. Crespo Carrillo, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM being
Manuel Vigil Pérez, residing in Madrid (Spain), represented by T. Villate Consonni and J. A. Calderón Chavero, lawyers,
ACTION brought against the decision of the Second Board of Appeal of OHIM of 24 February 2010 (Case R 1001/2009-2), relating to opposition proceedings between Manuel Vigil Pérez and Rautaruukki Oy.
1 By letter lodged at the Registry of the General Court on 19 January 2011, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure that, further to an agreement reached with the other party to the proceedings before the Board of Appeal, it wished to discontinue proceedings. The applicant also informed the Court that it has been agreed with the other party to the proceedings before the Board of Appeal that each party will bear its own costs.
2 By letter lodged at the Registry of the Court on 24 January 2011, 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 other party to the proceedings before the Board of Appeal did not lodge any observations on the application to discontinue the proceedings.
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. In the present case, the defendant requested that the costs of the proceedings be borne by the applicant.
5 The case should therefore be removed from the register, the applicant be ordered to bear its own costs and those of the defendant, and the other party to the proceedings before the Board of Appeal be ordered to bear its own costs.
On those grounds,
THE PRESIDENT OF THE SECOND CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-217/10 is removed from the register of the General Court.
2. The applicant shall bear its own costs and those of the defendant.
3. The other party to the proceedings shall bear its own costs.
Luxembourg, 17 February 2011.