ORDER OF THE PRESIDENT OF THE SEVENTH CHAMBER
OF THE GENERAL COURT
17 June 2015 (1)
(Removal from the register)
In Case T-166/14,
PRS Mediterranean Ltd, established in Tel Aviv (Israel), represented by
A. Späth and V. Töbelmann, lawyers,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented initially by J. Crespo Carrillo and subsequently by J. Crespo Carrillo and A. Folliard-Monguiral, acting as Agents,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court, being
Reynolds Presto Products, Inc., established in Richmond (United States), represented by S. Reese, Solicitor,
ACTION brought against the decision of the Second Board of Appeal of OHIM of 28 November 2013 (Joined Cases R 889/2012‑2 and R 635/2012-2) relating to opposition proceedings between Reynolds Presto Products, Inc. and PRS Mediterranean Ltd,
1 By letter lodged at the Registry of the General Court on 24 April 2015, 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 By letter lodged at the Registry of the Court on 6 May 2015, the defendant informed the Court that it had no objection to the discontinuance of the proceedings and requested that the applicant be ordered to bear the costs.
3 By letter lodged at the Registry of the Court on 20 May 2015, the intervener informed the Court that the applicant and itself reached a formal agreement and that it agreed with the discontinuance of the proceedings. It sought no order as to costs.
4 The first subparagraph of Article 87(5) of the Rules of Procedure provides that a party who discontinues is to be ordered to pay the costs if they have been applied for in the observations of the other party on the discontinuance.
5 The case should therefore be removed from the register and the applicant ordered to bear its own costs and those of the defendant, and the intervener be ordered to bear its own costs.
On those grounds,
THE PRESIDENT OF THE SEVENTH CHAMBER
OF THE GENERAL COURT
hereby orders:
1. Case T-166/14 is removed from the register of the General Court.
2. The applicant shall bear its own costs and those of the defendant.
3. The intervener shall bear its own costs.
Luxembourg, 17 June 2015.
E. Coulon | | M. van der Woude |