ORDER OF THE GENERAL COURT (Sixth Chamber)

17 November 2015 (1)

(Community trade mark — Opposition proceedings — Withdrawal of opposition proceedings — No need to adjudicate)

In Case T-329/15,

Certuss Dampfautomaten GmbH & Co. KG, established in Krefeld (Germany), represented by J. Sroka, lawyer

applicant,

v

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

defendant,

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

Universal for Engineering Industries SAE, established in Giza (Egypt),

ACTION brought against the decision of the Second Board of Appeal of OHIM of 9 April 2015 (Case R 1303/2014-2), relating to opposition proceedings between Universal for Engineering Industries SAE and Certuss Dampfautomaten GmbH & Co. KG,

THE GENERAL COURT (Sixth Chamber),

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

Registrar: E. Coulon,

makes the following

Order

1        By letter lodged at the Court Registry on 18 August 2015, the applicant informed the Court that the other party to the proceedings before the Board of Appeal, Universal for Engineering Industries SAE, had withdrawn its opposition to the application for registration of the contested mark and stated that, in its view, there was no longer any need to adjudicate on the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 applicant did not seek an order as to costs.

2        By letter lodged at the Court Registry on 31 August 2015, the defendant confirmed that Universal for Engineering Industries SAE had validly withdrawn its opposition and that the case had therefore become devoid of purpose. The defendant requests the Court not to order it to pay the costs.

3        By letter lodged at the Court Registry on 1 September 2015, the other party before the Board of Appeal, Universal for Engineering Industries SAE, lodged its observations on the application for a decision that there is no need to adjudicate. However, these observations do not fulfil the conditions of admissibility laid down by Article 173, paragraphs 2 and 5, of the Rules of Procedure. As a result, Universal for Engineering Industries SAE is not a party to these proceedings.

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

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 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)      Certuss Dampfautomaten GmbH & Co. KG shall bear its own costs and those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

Luxembourg, 17 November 2015.

E. Coulon

        S. Frimodt Nielsen
Registrar

President