ORDER OF THE PRESIDENT OF THE FIFTH CHAMBER
OF THE COURT OF FIRST INSTANCE
13 December 2007(*)
(Removal from the register)
In Case T-159/06,
Estancia Piedra SL, established in Toro (Spain), represented by B. Cordery, Solicitor,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by A. Folliard-Monguiral, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM being
Franciscan Vineyards Inc., established in St. Helena (United States),
ACTION for annulment of the decision of the Second Board of Appeal of OHIM of 28 March 2006 (Case R 363/2005-2), relating to invalidity proceedings between Franciscan Vineyards, Inc. and Estancia Piedra SL.
1 By letter lodged at the Registry of the Court of First Instance on 14 November 2007, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure of the Court of First Instance that further to an agreement reached with the other party to the proceedings before the Board of Appeal it wished to discontinue proceedings.
2 By letter lodged at the Registry of the Court of First Instance on 29 November 2007, the defendant informed the Court that it had no objections to raise concerning the discontinuance of the proceedings but requested as provided by Article 87(5) of the Rules of Procedure that the applicant 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 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 must therefore be removed from the register and the applicant be ordered to bear its own costs and those of the defendant.
On those grounds,
THE PRESIDENT OF THE FIFTH CHAMBER
OF THE COURT OF FIRST INSTANCE
hereby orders:
1. Case T-159/06 is removed from the register of the Court of First Instance.
2. The applicant shall bear its own costs and the costs incurred by the defendant.
Luxembourg, 13 December 2007.