ORDER OF THE PRESIDENT OF THE COURT
30 November 2016 (*)
(Removal from the register)
In Case C-495/16 P,
APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 15 September 2016,
TeamBank AG Nürnberg, established at Nuremberg (Germany), represented by D. Terheggen, Rechtsanwalt,
applicant,
the other parties to the proceedings being:
European Union Intellectual Property Office (EUIPO), represented by D. Botis, acting as Agent,
defendant at first instance,
Easy Asset Management AD, established in Sofia (Bulgaria), represented by M. Georgieva-Tabakova and H. Raychev, avocats,
intervener at first instance,
THE PRESIDENT OF THE COURT,
after hearing the Advocate General, N. Wahl,
makes the following
Order
1 By a document of 23 November 2016 filed by e-Curia, TeamBank AG Nürnberg informed the Court, in accordance with Article 147(1) of the Rules of Procedure, that it and Easy Asset Management AD had reached an agreement on the resolution of the dispute and jointly requested the Court to remove the case from the Register without ruling on the costs.
2 By a document of 25 November 2016 filed by e-Curia, EUIPO informed the Court that it had no comments to make on the withdrawal, save that it did, however, request an order that TeamBank AG Nürnberg pay the costs.
3 By application of the combined provisions of Articles 141(1) and (3) and 184(1) of the Rules of Procedure, a party who discontinues or withdraws from proceedings is to be ordered to pay the costs if they have been applied for in the observations of the other party on the discontinuance.
4 Having regard to the circumstances of the case, it is therefore appropriate to order TeamBank AG Nürnberg to pay the costs incurred by EUIPO and to order TeamBank AG Nürnberg and Easy Asset Management AD to bear their own costs.
On those grounds, the President of the Court hereby orders:
1. Case C-495/16 P is removed from the Register of the Court.
2. TeamBank AG Nürnberg shall pay the costs incurred by the European Union Intellectual Property Office (EUIPO).
3. TeamBank AG Nürnberg and Easy Asset Management AD shall bear their own costs.
Luxembourg, 30 November 2016.
A. Calot Escobar | | K. Lenaerts |