ORDER OF THE PRESIDENT OF THE EIGHTH CHAMBER OF THE COURT OF FIRST INSTANCE
17 June 2008 (*)
(Removal from the register)
In Case T-31/05,
Sergio Rossi SpA, established in San Mauro Pascoli (Italy), represented by A. Ruo, lawyer,
applicant,
v
Office for Harmonisation in the internal Market (Trade Marks and Designs) (OHIM), represented by P. Bullock, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First instance, being
K & L Ruppert Stiftung & Co. Handels-KG, established in Weilheim (Germany), represented by A. Kockläuner, lawyer,
Action brought against the decision of the First Board of Appeal of OHIM of 17 November 2004 (Case R 620/2003-1) concerning opposition proceedings between K & L Ruppert Stiftung & Co. Handels-KG and Sergio Rossi SpA.
1 By letter lodged at the Registry of the Court of First Instance on 25 March 2008, the applicant informed the Court, in accordance with Article 99 of the Rules of Procedure of the Court of First Instance, that it wished to discontinue proceedings.
2 By letter lodged at the Registry of the Court on 16 May 2008, the defendant informed the Court that it had no observations with regard to the applicant’s request for discontinuance and that pursuant to Article 87(2) of the Rules of Procedure, the applicant be ordered to bear the costs.
3 By letter lodged at the Registry of the Court on 23 May 2008 the intervener informed the Court that the parties had reached an amicable settlement by which the parties will bear their own costs.
4 The second subparagraph of Article 87(5) of the Rules of Procedure provides that, where proceedings are discontinued and the parties have come to an agreement on costs, the order for costs shall be in accordance with that agreement.
5 The first subparagraph of Article 87(5) of the Rules of Procedure provides that a party who discontinues or withdraws from the proceedings shall be ordered to pay the costs if they have been applied for in the observations of the other party on the discontinuance.
6 The case will therefore be removed from the register and the applicant ordered to pay the defendant’s costs.
On those grounds,
THE PRESIDENT OF THE EIGHTH CHAMBER OF THE COURT OF FIRST INSTANCE
hereby orders:
1. Case T-31/05 is removed from the register of the Court of First Instance.
2. The applicant shall bear its own costs and those incurred by the defendant.
3. The intervener shall bear its own costs.
Luxembourg, 17 June 2008.
E. Coulon | | M. E. Martins Ribeiro |