ORDER OF THE PRESIDENT OF THE FIFTH CHAMBER
OF THE GENERAL COURT
12 December 2012 (1)
(Removal from the register)
In Case T-86/12,
Pierre Robert Group AS, established in Oslo (Norway), represented by
E. Ullberg and M. Plogell, lawyers,
applicant,
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 to the proceedings before the Board of Appeal of OHIM, intervener before the General Court, being
Hardford Sweden AB, formerly Hardford AB, established in Linköping (Sweden), represented by C. Tholse, M. Levinsohn and M. Friberg, lawyers,
ACTION brought against the decision of the First Board of Appeal of OHIM of
7 December 2011 (Case R 2463/2010-1), relating to opposition proceedings between Pierre Robert Group AS and Hardford Sweden AB, formerly Hardford AB,
1 By letter lodged at the Registry of the General Court on 5 November 2012, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure that due to a settlement reached with the intervener, it wished to discontinue proceedings.
2 By letter lodged at the Registry of the General Court on 14 November 2012, the defendant informed the Court that it had no objection to the discontinuance of the proceedings but, 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 26 November 2012 the intervener informed the Court that it approved the discontinuance of the proceedings and confirmed that a settlement had been agreed between the parties according to which each party would have to bear its own 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. Further, according to the second subparagraph of Article 87(5) of the Rules of Procedure, where the parties have come to an agreement on costs, the order for costs shall be in accordance with that agreement.
5 The case should therefore be removed from the register, the applicant ordered to bear its own costs and those of the defendant, and the intervener be ordered to bear its own costs.
On those grounds,
THE PRESIDENT OF THE FIFTH CHAMBER
OF THE GENERAL COURT
hereby orders:
1. Case T-86/12 is removed from the register of the General Court.
2. The applicant shall bear its own costs and those incurred by the defendant.
3. The intervener shall bear its own costs.
Luxembourg, 12 December 2012.