ORDER OF THE PRESIDENT OF THE COURT

30 January 2012 ?(1)

(Removal from the Register)

In Case C‑328/11 P,

APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 28 June 2011 (email of 24 June 2011),

Alder Capital Ltd, established in Dublin (Ireland), represented by A. von Mühlendahl and H. Hartwig, Rechtsanwälte,

appellant,

the other parties to the proceedings being:

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

defendant at first instance,

Gimv Nederland BV, established in The Hague (Netherlands), represented by M.L. van de Braak, advocaat,

intervener at first instance,

THE PRESIDENT OF THE COURT,

after hearing the Advocate General, V. Trstenjak,

makes the following

Order

1        By letter lodged at the Court Registry on 15 December 2011 (email of 14 December), Alder Capital informed the Court, pursuant to Article 78 of the Rules of Procedure, that it wished to withdraw its appeal, without making an application for costs.

2        OHIM did not submit any observations within the period prescribed.

3        By letter lodged at the Court Registry on 21 December 2011 (email of 15 December), Gimv Nederland informed the Court that it had no observations to submit on that withdrawal.

4        Pursuant to the combined provisions of Article 69(5) and the third paragraph of Article 122 of the Rules of Procedure, it is appropriate to order each party to bear its own costs.

On those grounds, the President of the Court hereby orders:

1.      Case C‑328/11 P is removed from the Register of the Court.

2.      Each party shall bear its own costs.

Luxembourg, 30 January 2012.

A. Calot Escobar

      V. Skouris

Registrar

      President