ORDER OF THE PRESIDENT OF THE SIXTH CHAMBER OF THE GENERAL COURT
11 April 2024 0F(*)
(Removal from the Register)
In Case T-1140/23,
Ferrero Deutschland GmbH, established in Frankfurt am Main (Germany), represented by M. Kefferpütz and K. Wagner, lawyers,
applicant,
v
European Union Intellectual Property Office (EUIPO), represented by D. Gája, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court, being
Dochirnie pidpryiemstvo Kondyterska korporatsiia "Roshen", established in Kyiv (Ukraine), represented by P. Groß, lawyer,
1 By its action under Article 263 TFEU, the applicant, Ferrero Deutschland GmbH, seeks the annulment of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 9 October 2023 (Case R 2428/2022‑4).
2 By letter lodged at the Court Registry on 13 March 2024, the applicant informed the Court, in accordance with Article 125 of the Rules of Procedure of the General Court, that it wished to discontinue proceedings. It did not seek an order as to costs.
3 By letter lodged at the Court Registry on 15 March 2024, the defendant informed the Court that it had no objection to make concerning the discontinuance of the proceedings and requested that it should not be ordered to bear the costs.
4 By letter lodged at the Court Registry on 21 March 2024, the intervener informed the Court that it had no objection to the discontinuance of the proceedings and requested that the applicant should be ordered to bear the costs.
5 Article 136(1) of the Rules of Procedure provides that a party who discontinues or withdraws from proceedings is to be ordered to pay the costs if they have been applied for in the other party’s observations on the discontinuance.
6 By its request that it should not be ordered to bear the costs, the defendant essentially submitted that the applicant should be ordered to bear the costs (order of 27 April 2006, ATI Technologies v OHIM — Asociación de Técnicos de Informatica, T‑377/03, not published, EU:T:2006:115, paragraph 6).
7 The case should therefore be removed from the Register and the applicant ordered to bear its own costs and to pay those incurred by the defendant and by the intervener.
On those grounds,
THE PRESIDENT OF THE SIXTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-1140/23 is removed from the Register of the General Court.
2. Ferrero Deutschland GmbH shall bear its own costs and pay those incurred by the European Union Intellectual Property Office (EUIPO) and by Dochirnie pidpryiemstvo Kondyterska korporatsiia "Roshen".
Luxembourg, 11 April 2024.
V. Di Bucci | | M. J. Costeira |