ORDER OF THE GENERAL COURT (Fifth Chamber)

30 April 2015 (1)

(Community trade mark – Opposition – Withdrawal of the opposition – No need to adjudicate)

In Case T-839/14,

Alnapharm GmbH & Co. KG, established in Hamburg (Germany), represented by H. Heldt, lawyer,

applicant,

v

Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by H. O’Neill, acting as Agent,

defendant,

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

Novartis AG, established in Basel (Switzerland),

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 23 October 2014 (Case R 1723-2013-4), relating to opposition proceedings between Novartis AG and Alnapharm GmbH & Co. KG,

THE GENERAL COURT (Fifth Chamber),

composed of A. Dittrich (Rapporteur), President, J. Schwarcz, V. Tomljenović, Judges,

Registrar: E. Coulon,

makes the following

Order

1        By letter lodged at the Registry of the Court on 25 March 2015, the defendant informed the Court that the other party to the proceedings before the Board of Appeal withdrew its opposition to the application for registration of the contested mark. The defendant submitted that, in its view, there was no longer any need to adjudicate on the present action. It further requested that the case be declared devoid of purpose. As regards the costs, it sought an order that they shall not be borne by the Office.

2        By letter lodged at the Registry of the Court on 1 April 2015, the applicant informed the Court that in light of the withdrawal of the opposition, there was no longer any need to adjudicate on the present action. It did not seek an order as to costs.

3        By letter lodged at the Registry of the Court on 2 April 2015, the other party to the proceedings before the Board of Appeal, confirmed its agreement to the request for an order that there was no need to adjudicate. It further requested that the defendant be ordered to bear the costs or in the alternative, that each party be ordered to bear its own costs.

4        Pursuant to Article 113 of the Rules of Procedure of the Court, it suffices in the present case to find that, in the light of the withdrawal of the opposition, the present action has become devoid of purpose. There is therefore no longer any need to adjudicate on it (order of 3 July 2003, Lichtwer Pharma v OHIM Biofarma (Sedonium), T–10/01, ECR, EU:T:2003:182, paragraphs 16 to 18).

5        Article 87(6) of the Rules of Procedure provides that, where a case does not proceed to judgment, the costs are in the discretion of the Court.

6        In the present case, the decision not to proceed to judgment is the result of an amicable settlement between the applicant and the other party to the proceedings before the Board of Appeal rather than of an agreement between the applicant and the defendant. Accordingly, the applicant and the other party to the proceedings before the Board of Appeal must be ordered to bear their own costs and to pay those incurred by the defendant.

On those grounds,

THE GENERAL COURT (Fifth Chamber)

hereby orders:

1.      There is no need to adjudicate on the action.

2.      The applicant and the other party to the proceedings before the Board of Appeal shall bear their own costs and each pay half of those incurred by the defendant.

Luxembourg, 30 April 2015.

E. Coulon

        A. Dittrich

Registrar

       President