ORDER OF THE GENERAL COURT (Sixth Chamber)

16 September 2016 (1)

(European Union trade mark — Withdrawal of the application for registration — No need to adjudicate)

In Case T-87/15,

Aston Martin Lagonda Ltd, established in Gaydon (United Kingdom), represented by D. Farnsworth, Solicitor, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by H. O’Neill, acting as Agent,

defendant,

ACTION brought against the decision of the Second Board of Appeal of EUIPO of 11 December 2014 (Case R 1797/2014-2), relating to applicant’s Community trade mark application,

THE GENERAL COURT (Sixth Chamber),

composed of S. Frimodt Nielsen, President, F. Dehousse (Rapporteur), A. M. Collins, Judges,

Registrar: E. Coulon,

makes the following

Order

1        By letter lodged at the Court Registry on 26 July 2016, the defendant informed the Court that the applicant had withdrawn its application for registration of the contested mark and stated that, in its view, there was no longer any need to adjudicate on the present action. The defendant requested that the applicant be ordered to bear the costs.

2        By letter lodged at the Court Registry on 1 August 2016, the applicant consented to the defendant’s application for a decision that there is no need to adjudicate on the action. The applicant requested that the defendant be ordered to pay the applicant’s costs. Alternatively, the Court should order that each party bear its own costs. If the Court is minded to make any costs order against the applicant, such award should be for a nominal amount only.

3        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 withdrawal of the application for registration, the present action has become devoid of purpose. There is therefore no longer any need to adjudicate on it (order of 3 July 2003 in Lichtwer Pharma v OHIM — Biofarma (Sedonium), T‑10/01, EU:T:2003:182, paragraphs 16 to 18).

4        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.

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

On those grounds,

THE GENERAL COURT (Sixth Chamber)

hereby orders:

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

2.      Aston Martin Lagonda Ltd shall bear its own costs and pay those incurred by the European Union Intellectual Property Office (EUIPO).

Luxembourg, 16 September 2016.

E. Coulon

       S. Frimodt Nielsen

Registrar

       President