ORDER OF THE GENERAL COURT (First Chamber)

9 February 2017 (1)

(EU trade mark – Cancelation Proceedings – Revocation of the contested decision – No need to adjudicate)

In Case T-714/16,

Asolo LTD, established in Limassol (Cyprus), represented by W. Pors, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by A. Folliard-Monguiral and M. Capostagno, acting as Agents,

defendant,

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

Red Bull GmbH, established in Fuschl am See (Austria), represented by A. Renck, lawyer,

ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 29 July 2016 (Case R 282/2015-5), relating to cancelation proceedings between Red Bull and Asolo,

THE GENERAL COURT (First Chamber),

composed of I. Pelikánová (rapporteur), President, P. Nihoul and J. Svenningsen, Judges,

Registrar: E. Coulon,

makes the following

Order

1        By letter lodged at the Court Registry on 25 November 2016, the defendant informed the Court that the Fifth Board of Appeal had, by decision of 11 October 2016 made pursuant to Article 80 of Council Regulation (EC) No 207/2009 of 26 February 2009 on the European Union trade mark (OJ 2009 L 78, p. 1),revoked its decision of 29 July 2016. The defendant requested that the Court finds the case to be devoid of purpose and made no observations as to costs.

2        By letter lodged at the Court Registry on 13 December 2016, the applicant raised no objection to the application for a declaration that there was no need to adjudicate. It requested that the defendant should bear the applicant’s costs.

3        By letter lodged at the Court Registry on 13 December 2016, the intervener consented to the application for a declaration that there was no need to adjudicate and requested that the defendant should bear the intervener’s costs.

4        Pursuant to Article 130 of the Rules of Procedure of the General Court, it is sufficient in the present case to find that, in the light of the revocation of the contested decision, the present action has become devoid of purpose. There is therefore no longer any need to adjudicate on it (order of 21 October 2014 in Gappol Marzena Porczynska v OHIM – Gap (ITM) (GAPPol), T-125114, EU:T:2014:1121, paragraphs 8 to 12).

5        Article 137 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 circumstances of the present case, the Court considers that the defendant must be ordered to bear its own costs and to pay those incurred by the applicant and the intervener.

On those grounds,

THE GENERAL COURT (First Chamber)

hereby orders:

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

2.      European Union Intellectual Property Office (EUIPO) shall bear its own costs and pay those incurred by Asolo LTD and Red Bull GmbH.

Luxembourg, 9 February 2017.

E. Coulon

        I. Pelikánová

Registrar

       President