ORDER OF THE PRESIDENT OF THE FIFTH CHAMBER OF THE GENERAL COURT

29 November 2010(1)

(Removal from the register)

In Case T-578/08,

DVB Project, established in Geneva (Switzerland), represented by W. E. Pors and L. Brouwer, lawyers,

applicant,

v

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

defendant,

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

Eurotel SpA, established in Milan (Italy), represented by F. M. Paola, lawyer,

ACTION brought against the decision of the Second Board of Appeal of OHIM of 14 October 2008 (Case R 1387/2007-2), relating to cancellation proceedings between DVB Project and Eurotel SpA.

1        By letter lodged at the Registry of the General Court on 27 September 2010, the applicant and the intervener jointly informed the Court that they reached a settlement of their dispute and requested the case to be removed from the register. The applicant and the intervener also informed the Court that they had agreed that each party bears its own costs.

2        By letter lodged at the Registry of the Court on 14 October 2010, the defendant informed the Court that it had no observations to make concerning the discontinuance of the proceedings and requested that the applicant be ordered to bear the costs.

3        The first subparagraph of Article 87(5) of the Rules of Procedure provides that a party who discontinues is to be ordered to pay the costs if they have been applied for in the observations of the other party on the discontinuance. Further, according to the second subparagraph of Article 87(5) of the Rules of Procedure, where the parties have come to an agreement on costs, the order for costs shall be in accordance with that agreement.

4        The case should therefore be removed from the register, the applicant ordered to bear its own costs and those of the defendant, and the intervener should be ordered to bear its own costs.

On those grounds,

THE PRESIDENT OF THE FIFTH CHAMBER OF THE GENERAL COURT

hereby orders:

1.      Case T-578/08 is removed from the register of the General Court.

2.      The applicant shall bear its own costs and those of the defendant.

3.      The intervener shall bear its own costs.

Luxembourg, 29 November 2010.

E. Coulon

       N. Wahl

Registrar

       Acting as President