ORDER OF THE PRESIDENT OF THE FIFTH CHAMBER OF THE GENERAL COURT

26 June 2015(1)

(Removal from the register)

In Case T-93/15,

Navitar, Inc., established in Rochester (United States), represented by J. Mattes, lawyer,

applicant,

v

Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by E. Zaera Cuadrado, acting as Agent,

defendant,

the other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court, being

MTÜ Elukuva, established in Tallinn (Estonia), represented by C. Ginter, lawyer,

ACTION brought against the decision of the Fourth Board of Appeal of 5 December 2014 (R 401/2014-4), relating to opposition proceedings between Navitar, Inc. and MTÜ Elukuva.


1        By letter lodged at the Registry of the General Court on 26 May 2015, the applicant informed the Court, in accordance with Article 99 of the Rules of Procedure, that the intervener and itself reached an agreement and, consequently, it wished to discontinue proceedings. As regards the costs, these parties agreed that they shall each bear its own costs and fees.

2        By letter lodged at the Registry of the Court on 3 June 2015, the defendant informed the Court that it had no observations to make concerning the discontinuance of the proceedings and requested that it should not be ordered to bear any costs.

3        The intervener did not submit any observations.

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. Further, according to the second subparagraph of Article 87(5) of the Rules of Procedure, where the parties have come to an agreement on costs, the order for costs shall be in accordance with that agreement.

5        By its application that it should not be ordered to bear the costs the defendant essentially submitted that the applicant should be ordered to bear the costs (order of 27 April 2006, ATI Technologies v OHIMAsociación de Técnicos de Informatica, T-377/03, EU:T:2006:115, paragraph 6).

6        The case should therefore be removed from the register, the applicant ordered to bear its own costs and those of the defendant, and the intervener should be ordered to bear its own costs.

On those grounds,

THE PRESIDENT OF THE FIFTH CHAMBER OF THE GENERAL COURT

hereby orders:

1.      Case T-93/15 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, 26 June 2015.

E. Coulon

 

        A. Dittrich


Registrar

 

       President



1 Language of the case: English.