ORDER OF THE PRESIDENT OF THE COURT

8 November 2006 (*)

(Removal from the register)

In Case C-95/06 P,

APPEAL under Article 56 of the Statute of the Court of Justice, lodged on 15 February 2006,

Bausch & Lomb Inc., established in Rochester, New York (United States), represented by M. Silverleaf QC, R. Black, B. Gerber and E. Kohner, solicitors,

appellant,

the other parties to the proceedings being:

Office for Harmonisation in the Internal Market (Trade Marks and Designs), represented by A. Folliard-Monguiral and W. Verburg, acting as Agents,

defendant at first instance,

Biofarma SA, established in Neuilly-sur-Seine (France), represented by V. Gil‑Vega and A. Ruiz López, lawyers,

applicant at first instance,

THE PRESIDENT OF THE COURT OF JUSTICE

having heard the observations of the Advocate General, J. Mazák,

makes the following

Order

1        By letter lodged at the Registry of the Court of Justice on 2 October 2006, the appellant informed the Court, in accordance with Article 78 of the Rules of Procedure, that it was withdrawing its appeal.

2        By letters lodged at the Court Registry on 20 October 2006, Biofarma SA and OHIM took formal notice of the withdrawal and applied, pursuant to Article 69(5) of the Rules of Procedure, for an order that the appellant pay the costs.

3        Pursuant to the combined provisions of Article 69(5) and Article 122, third paragraph, of the Rules of Procedure, the Court must order the appellant to pay the costs.

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

1.      Case C-95/06 P is removed from the register of the Court of Justice.

2.      The appellant is ordered to pay the costs.

Luxembourg, 8 November 2006.

R. Grass

      V. Skouris

Registrar

      President