ORDER OF THE GENERAL COURT (Sixth Chamber)
7 May 2015 (1)
(Community trade mark – Invalidity proceedings – Withdrawal of the application for a declaration of invalidity – No need to adjudicate)
In Case T-391/12,
Lidl Stiftung & Co. KG, established in Neckarsulm (Germany), represented by M. Wolter and S. Paul, lawyers,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented initially by A. Poch, and subsequently by A. Poch and S. Hanne, acting as Agents,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court, being
Adveo Group International, SA, formerly Unipapel Industria, Comercio y Servicios, SL, established in Tres Cantos (Spain), represented by A. Tarí Lázaro, lawyer,
ACTION brought against the decision of the First Board of Appeal of OHIM of 21 June 2012 (Case R 745/2011-1), concerning invalidity proceedings between Lidl Stiftung & Co. KG and Adveo Group International, SA,
THE GENERAL COURT (Sixth Chamber),
composed of S. Frimodt Nielsen, President, F. Dehousse, A. M. Collins (rapporteur), Judges,
Registrar: E. Coulon,
makes the following
Order
1 By letter lodged at the Registry of the Court on 8 April 2015, the defendant informed the Court that the applicant has withdrawn its application for a declaration of invalidity and stated that, in its view, there was no longer any need to adjudicate on the present action. Consequently, the defendant requested the Court to declare the case devoid of purpose. Furthermore, as this situation is due to a settlement between the applicant and the intervener, the defendant also requested not to be ordered to bear the costs.
2 By letter lodged at the Registry of the Court on 20 April 2015, the intervener requested the Court to find that the case had become devoid of purpose and that there was no longer any need to adjudicate on it. The intervener did not seek an order as to costs.
3 By letter lodged at the Registry of the Court on 21 April 2015, the applicant signified its agreement with the request for an order that there was no need to adjudicate. It did not seek an order as to costs.
4 Pursuant to Article 113 of the Rules of Procedure of the Court, it suffices in the present case to find that, in the light of the withdrawal of the application for a declaration of invalidity, the present action has become devoid of purpose. There is therefore no longer any need to adjudicate on it (order of 3 July 2003, Lichtwer Pharma v OHIM – Biofarma (Sedonium), T–10/01, ECR, EU:T:2003:182, paragraphs 16 to 18).
5 Article 87(6) of the Rules of Procedure provides that, where a case does not proceed to judgment, the costs are in the discretion of the Court.
6 In the present case, the Court considers that the applicant must be ordered to bear its own costs and those incurred by the defendant and that the intervener must be ordered to bear its own costs.
On those grounds,
THE GENERAL COURT (Sixth Chamber)
hereby orders:
1. There is no need to adjudicate on the action.
2. The applicant shall bear its own costs and those incurred by the defendant. The intervener shall bear its own costs.
Luxembourg, 7 May 2015.
E. Coulon | | S. Frimodt Nielsen |