ORDER OF THE PRESIDENT OF THE SEVENTH CHAMBER
OF THE GENERAL COURT
8 November 2011 (1)
(Removal from the register)
In Case T-287/10,
Unilever España, SA, established in Barcelona (Spain) and
Unilever NV, established in Rotterdam (Netherlands), represented by C. Prat, lawyer,
applicants,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by J. Crespo Carrillo, acting as Agent,
defendant,
the other party before the Board of Appeal of OHIM being
Med Trans G. Poulias-S.Brakatselos AE, established in Patra (Greece),
ACTION brought against the decision of the Second Board of Appeal of OHIM of 20 April 2010 (Case R-1025/2009-2), relating to opposition proceedings between Unilever España, SA and Unilever NV and Med Trans G. Poulias-S.Brakatselos AE.
1 By letter lodged at the Registry of the General Court on 22 September 2011, the applicants informed the Court in accordance with Article 99 of the Rules of Procedure that they wished to discontinue proceedings.
2 By letter lodged at the Registry of the Court on 13 October 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 applicants 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 applicants.
4 The case should therefore be removed from the register and the applicants ordered to pay the costs.
On those grounds,
THE PRESIDENT OF THE SEVENTH CHAMBER
OF THE GENERAL COURT
hereby orders:
1. Case T-287/10 is removed from the register of the General Court.
2. The applicants shall bear the costs.
Luxembourg, 8 November 2011.
E. Coulon | A. Dittrich
Registrar | President |