ORDER OF THE PRESIDENT
OF THE THIRD CHAMBER OF THE GENERAL COURT
8 February 2024 (*)
(Removal from the Register)
In Case T-778/22,
Desimo, Lda, established in Lisbon (Portugal), represented by S. Estima Martins, J. Mioludo and D. Simões, 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
Red Bull GmbH, established in Fuschl am See (Austria), represented by A. Renck and S. Petivlasova, lawyers,
1 By its action under Article 263 TFEU, the applicant, Desimo, Lda, seeks the annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 29 September 2022 in the case R 326/2022-5.
2 By letter lodged at the Court Registry on 9 January 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 also informed the Court that the parties had agreed that each party would bear its own costs.
3 By letter lodged at the Court Registry on 18 January 2024, the intervener informed the Court that it accepted the discontinuance of the proceedings and that each party should bear its own costs according to Article 136(3) of the Rules of Procedure.
4 By letter lodged at the Court Registry on 25 January 2024, 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.
5 Article 136(1) 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 other party’s observations on the discontinuance. Further, according to Article 136(3) of the Rules of Procedure, where the parties have come to an agreement on costs, the decision as to costs shall be in accordance with that agreement.
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 THIRD CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-778/22 is removed from the Register of the General Court.
2. Desimo, Lda shall bear its own costs and pay those incurred by the European Union Intellectual Property Office (EUIPO).
3. Red Bull GmbH shall bear its own costs.
Luxembourg, 8 February 2024.