ORDER OF THE PRESIDENT OF THE FIRST CHAMBER
OF THE COURT OF FIRST INSTANCE
9 July 2007 (*)
(Removal from the Register)
In Case T-326/06,
Total S.A., established in Courbevoie (France), represented by S. Aldred, Solicitor,
applicant,
v
Office for Harmonisation in the Internal Market, (Trade Marks and Designs) (OHIM), represented by S. Laitinen, 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
Eric Peterson, residing in London (United Kingdom), represented by M. Georges-Picot, lawyer,
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 5 September 2006 (Case R 848/2005-4) relating to opposition proceedings between Total S.A. and Eric Peterson,
THE PRESIDENT OF THE FIRST CHAMBER
OF THE COURT OF FIRST INSTANCE
OF THE EUROPEAN COMMUNITIES
makes the following
Order
1 By letter lodged at the Court Registry on 4 May 2007, 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. The applicant made no application in relation to costs.
2 By letter lodged at the Court Registry on 5 June 2007, the defendant indicated to the Court of First Instance that it had no objections to the discontinuance of the proceedings and would agree that each party bear its own costs.
3 By letter lodged at the Court Registry on 15 June 2007, the intervener indicted to the Court of First Instance that it had no objections to the discontinuance of the proceedings but requested that its costs be borne by the applicant.
4 Article 87(5), first subparagraph, of the Rules of Procedure, provides that the party who discontinues or withdraws from proceedings be ordered to bear the costs, if they have been applied for in the observations of the other parties on the discontinuance.
5 Article 87(5), third subparagraph, of the Rules of Procedure, provides that if costs are not applied for, the parties shall bear their own costs.
6 It is therefore appropriate to order that the applicant bear its own costs and the costs of the intervener and that the defendant bear its own costs.
On those grounds,
THE PRESIDENT OF THE FIRST CHAMBER
hereby orders:
1. Case T-326/06 is removed from the register of the Court of First Instance.
2. The applicant shall bear its own costs and the costs of the intervener.
3. The defendant shall bear its own costs.
Luxembourg, 9 July 2007