ORDER OF THE PRESIDENT OF THE SEVENTH CHAMBER OF THE COURT OF FIRST INSTANCE
6 March 2009(*)
(Removal from the register)
In Case T-165/07,
Red Bull GmbH, established in Fuschl am See (Austria), represented by H. O’Neil, V. von Bomhard and A. Renck, lawyers,
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, intervener before the Court of First Instance, being
Grupo Osborne SA, established in El Puerto de Santa Maria (Spain), represented by H. G. Zeiner and E. Boesch, lawyers,
intervener,
Action brought against the decision of the Fourth Board of Appeal of OHIM of 20 February of 2007 (Case R 147/2005-4), relating to the opposition proceedings between Red Bull GmbH and Grupo Osborne SA.
1 By letter lodged at the Registry of the Court of First Instance on 30 January 2009, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure of the Court of First Instance that it wished to discontinue proceedings.
2 By letter lodged at the Registry of the Court of First Instance on 12 February 2009, the defendant informed the Court that it had no objections to raise concerning the discontinuance of the proceedings and requested that the applicant should bear the costs.
3 By letter lodged at the Registry of the Court of First Instance on 18 February 2009, the intervener informed the Court that the parties have not agreed on any settlement and not come to an agreement on costs. It requested that the applicant should bear the costs.
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.
5 The case should therefore be removed from the register and the applicant ordered to bear its own costs as well as those incurred by the defendant and the intervener.
On those grounds,
THE PRESIDENT OF THE SEVENTH CHAMBER OF THE COURT OF FIRST INSTANCE
hereby orders:
1. Case T-165/07 is removed from the register of the Court of First Instance.
2. The applicant shall bear its own costs, as well as those incurred by the defendant and the intervener.
Luxembourg, 6 March 2009.