ORDER OF THE PRESIDENT OF THE FIRST CHAMBER OF THE GENERAL COURT
24 January 2024 (*)
(Removal from the Register)
In Case T-727/22,
Odeon Cinemas Holdings Ltd, established in London (United Kingdom), represented by L. Karnøe Søndergaard, lawyer,
applicant,
v
European Union Intellectual Property Office (EUIPO), represented by D. Stoyanova-Valchanova and D. Gája, acting as Agents,
defendant,
the other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court, being
Academy of Motion Picture Arts and Sciences, established in Beverly Hills, California (United States), represented by J. Kahler and J. Wünschel, lawyers,
1 By its action under Article 263 TFEU, the applicant, Odeon Cinemas Holdings Ltd, seeks the annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 6 September 2022 (Case R 1841/2021-5).
2 By letter lodged at the Court Registry on 1 December 2023, 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 sought no order as to costs.
3 By letter lodged at the Court Registry on 15 December 2023, the defendant informed the Court that it had no objection to the discontinuance of the proceedings and requested that it should not be ordered to bear the costs.
4 The intervener did not submit any observations on the discontinuance of 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 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, the applicant ordered to bear its own costs and to pay those incurred by the defendant, and the intervener ordered to bear its own costs.
On those grounds,
THE PRESIDENT OF THE FIRST CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-727/22 is removed from the Register of the General Court.
2. Odeon Cinemas Holdings Ltd shall bear its own costs and pay those incurred by the European Union Intellectual Property Office (EUIPO).
3. Academy of Motion Picture Arts and Sciences shall bear its own costs.
Luxembourg, 24 January 2024.