ORDER OF THE PRESIDENT OF THE FIRST CHAMBER OF
THE GENERAL COURT
14 November 2012 (1)
(Removal from the register)
In Case T-590/11,
S & S Piotr Szlegiel Jacek Szlegiel i Robert Wiśniewski sp. j., established in Gorzów Wielkopolski (Poland), represented by R. Sikorski, lawyer,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by P. Geroulakos, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court, being
Scotch & Soda BV, established in Hoofddorp (Netherlands), represented by
M. Siciarek, lawyer,
Action brought against the decision of the Second Board of Appeal of OHIM of 25 August 2011 (Case R 1570/2010-2) relating to opposition proceedings between Scotch & Soda BV and S & S Piotr Szlegiel Jacek Szlegiel i Robert Wiśniewski sp. j.,
1 By letter lodged at the Registry of the General Court on 18/10/2012, 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 General Court on 26/10/2012, 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 By letter lodged at the Registry of the General Court on 30/10/2012, the intervener informed the Court that it agrees 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.
4 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.
5 The case should therefore be removed from the register and the applicant ordered to bear its own costs and those of the defendant and the intervener.
On those grounds,
THE PRESIDENT OF THE FIRST CHAMBER OF
THE GENERAL COURT
hereby orders:
1. Case T-590/11 is removed from the register of the General Court.
2. The applicant shall bear its own costs and those of the defendant and the intervener.
Luxembourg, 14 November 2012.
E. Coulon | J. Azizi
Registrar | President |