ORDER OF THE PRESIDENT OF THE FOURTH CHAMBER
OF THE GENERAL COURT
20 February 2013 (1)
(Removal from the register)
In Case T-527/11,
Luxembourg Patent Co. SA, established in Lintgen (Luxembourg), represented by K. Manhaeve, lawyer,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by V. Melgar, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM, being
Sistemas de Seguridad, Detección y Extinción de Incendios, SL (DETEC), established in Madrid (Spain), represented by Nemesio Fernández Fernández-Pacheco, lawyer,
Action brought against the decision of the Fourth Board of Appeal of OHIM of
26 July 2011 (Case R 736/2010-4), relating to opposition proceedings between Sistemas de Seguridad, Detección y Extinción de Incendios, SL (DETEC) and Luxembourg Patent Co. SA,
1 By letter lodged at the Registry of the General Court on 11 January 2013, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure that it wished to discontinue proceedings. It sought no order as to costs.
2 The defendant did not lodge any observations on the application to discontinue the proceedings.
3 By letter lodged at the Registry of the General Court on 28 January 2013, the other party to the proceedings before the Board of Appeal of OHIM, Sistemas de Seguridad, Detección y Extinción de Incendios, SL (DETEC), informed the General Court that due to the agreement reached between the applicant and the other party, it wished to discontinue proceedings and stated that each party should bear its own costs.
4 The third subparagraph of Article 87(5) of the Rules of Procedure provides that, where proceedings are discontinued and costs are not applied for, the parties shall bear their own costs.
5 The case should therefore be removed from the register and, in the absence of any claim in that regard, the parties ordered to bear their own costs.
On those grounds,
THE PRESIDENT OF THE FOURTH CHAMBER
OF THE GENERAL COURT
hereby orders:
1. Case T-527/11 is removed from the register of the General Court.
2. Each party shall bear its own costs.
Luxembourg, 20 February 2013.