ORDER OF THE PRESIDENT OF THE FOURTH CHAMBER
OF THE COURT OF FIRST INSTANCE
7 June 2006(*)
(Removal from the Register)
In Case T-62/05,
Lotto Sport Italia S.p.A., established in Verone (Italy), represented by A. Feltrinelli and G. Brogi, lawyers,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by D. Botis, acting as agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM, intervening before the Court of First Instance, being
Lotos Brillen Vertriebs-GmbH, established in Eisingen (Germany), represented by T. Zeiher, lawyer,
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 7 October 2004 (Case R 572/2003-4), relating to an opposition procedure between Lotto Sport Italia and Lotos Brillen,
THE PRESIDENT OF THE FOURTH CHAMBER
OF THE COURT OF FIRST INSTANCE
OF THE EUROPEAN COMMUNITIES
makes the following
Order
1 By letter lodged at the Court Registry on 17 March 2006, the applicant informed the Court of First Instance, in accordance with Article 99 of the Rules of Procedure of the Court of First Instance, that it wishes to discontinue the proceedings. At the same time, the applicant and intervener asked the Court not to take any decision on costs because they have reached an agreement on this matter. The content of this agreement has not been communicated.
2 By letter lodged at the Court Registry on 10 April 2006, the defendant indicated to the Court of First Instance that it has no objections concerning the discontinuance of the proceedings and indicated that it would agree that each party would bear it own costs.
3 Article 87 (1), of the Rules of Procedure provides that a decision as to costs shall be given in the final judgment or in the order which closes the proceedings. The request of the applicant and intervener that no decision as to costs would be given by the Court can therefore not be upheld.
4 Article 87(5), second subparagraph, of the Rules of Procedure provides that where discontinuance has been applied for and the parties have come to an agreement on costs, the decision as to costs shall be in accordance with that agreement. The third subparagraph of Article 87(5) provides that if costs are not applied for, the parties shall bear their own costs.
5 In view of the fact that the content of the agreement has not been communicated to the Court and that it is not clear whether this agreement as to costs also covers the costs of the defendant, it is appropriate to order that each party bear its own costs.
On those grounds,
THE PRESIDENT OF THE FOURTH CHAMBER
hereby orders:
1. Case T-62/05 is removed from the register of the Court of First Instance.
2. Each party shall bear its own costs.
Luxembourg, 7 June 2006.