ORDER OF THE PRESIDENT OF THE SECOND CHAMBER
OF THE GENERAL COURT
24 March 2014 (1)
(Removal from the register)
In Case T-161/11,
High Tech Srl, established in Milan (Italy), represented by G. Floridia and R. Floridia, lawyers,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by A. Folliard-Monguiral, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court, being
Vitra Collections AG, established in Muttenz (Switzerland), represented initially by C. Hackbarth, lawyer and subsequently by T. Dolde, lawyer and M. Hawkins, Solicitor,
ACTION brought against the decision of the Second Board of Appeal of OHIM of 14 December 2010 (Case R 486/2010-2), relating to invalidity proceedings between High Tech Srl and Vitra Collections AG.
1 By letter lodged at the Registry of the General Court on 4 March 2014, 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. It sought no order as to costs.
2 By letter lodged at the Registry of the General Court on 10 March 2014, the defendant informed the Court that it had no objection to the discontinuance of the proceedings and requested that the applicant be ordered to bear the costs incurred by the Office.
3 By letter lodged at the Registry of the General Court on 13 March 2014, the intervener informed the Court that it had no objection to the discontinuance of the proceedings and that in accordance with the agreement concluded between itself and the applicant, each party shall bear its own costs.
4 The first subparagraph of Article 87(5) of the Rules of Procedure provides that a party who discontinues is to 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 SECOND CHAMBER
OF THE GENERAL COURT
hereby orders:
1. Case T-161/11 is removed from the register of the General Court.
2. The applicant shall bear its own costs and those of the defendant.
3. The intervener shall bear its own costs.
Luxembourg, 24 March 2014.