ORDER OF THE PRESIDENT OF THE SIXTH CHAMBER OF THE GENERAL COURT
2 July 2024 (*)
(Removal from the Register)
In Case T-584/23,
Mendes SA, established in Lugano (Switzerland), represented by I. Gatto, E. Barone and A. Landi, lawyers,
applicant,
v
European Union Intellectual Property Office (EUIPO), represented by T. Frydendahl, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court, being
Actial Farmaceutica Srl, established in Rome (Italy), represented by M. Knitter, lawyer,
1 By its action under Article 263 TFEU, the applicant, Mendes SA, seeks the annulment of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 25 July 2023 (Case R 1290/2022-1).
2 By letter lodged at the Court Registry on 28 May 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 indicated that it would bear the costs of the proceedings.
3 By letter lodged at the Court Registry on 3 June 2024, the defendant informed the Court that it had no objections against the discontinuance of the proceedings and the removal of the case from the General Court’s Register. It stated that it has not incurred any recoverable costs, since no hearing had been organised.
4 By letter lodged at the Court Registry on 13 June 2024, the intervener informed the Court of its consent to the discontinuance of the proceedings, requested that the case be removed from the Register of the General Court and that the applicant be ordered to bear the intervener’s costs in the proceedings.
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 The case should therefore be removed from the Register, the applicant ordered to bear its own costs and to pay those incurred by the intervener.
On those grounds,
THE PRESIDENT OF THE SIXTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-584/23 is removed from the Register of the General Court.
2. Mendes SA shall bear its own costs and pay those incurred by Actial Farmaceutica Srl.
Luxembourg, 2 July 2024.
V. Di Bucci | | M. J. Costeira |