Language of document : ECLI:EU:T:2017:166

Provisional text

ORDER OF THE PRESIDENT
OF THE SEVENTH CHAMBER OF THE GENERAL COURT

7 March 2017 (*)

(Removal from the register)

In Case T–173/16,

Christoph Wöhlke, residing in Hamburg (Germany), represented by V. Rust-Sorge and S. Lustig, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by S. Palmero Cabezas, acting as Agent,

defendant,

the other party to the proceedings before the Board of Appeal of the EUIPO being

Danielle Roches SARL, established in Paris (France),

ACTION brought against the decision of the Second Board of Appeal of EUIPO of 28 January 2016 (Case R 905/2015-2), relating to opposition proceedings between Danielle Roches SARL and Christoph Wöhlke.


1        By letter lodged at the Court Registry on 20 January 2017, the applicant informed the Court, in accordance with Article 125 of the Rules of Procedure of the General Court, that it wished to discontinue proceedings. It sought no order as to costs.

2        By letter lodged at the Court Registry on 6 February 2017, the defendant informed the Court that it had no objections to the discontinuance of the proceedings and requested, pursuant to Article 136(1) of the Rules of Procedure, that the applicant be ordered to bear the costs.

3        Article 136(1) of the Rules of Procedure provides that a party who discontinues or withdraws from proceedings is to be ordered to pay the costs if they have been applied for in the other party’s observations on the discontinuance.

4        The case should therefore be removed from the register and the applicant ordered to bear its own costs and to pay those incurred by the defendant.

On those grounds,

THE PRESIDENT OF THE SEVENTH CHAMBER
OF THE GENERAL COURT

hereby orders:

1.      Case T‑173/16 is removed from the register of the General Court.

2.      Christoph Wöhlke shall bear its own costs and pay those incurred by the European Union Intellectual Property Office (EUIPO).

Luxembourg, 7 March 2017.

E. Coulon

 

        V. Tomljenović

Registrar

 

       President


* Language of the case: English.