ORDER OF THE PRESIDENT OF THE COURT

7 February 2006 (*)

(Removal from the register)

– 743 085 –

In Case C-197/05 P,

APPEAL under Article 56 of the Statute of the Court of Justice, brought on 4 May 2005,

Energy Technologies ET SA, represented by K. Hallin, Advokat,

appellant,

the other parties to the proceedings being:

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

defendant at first instance,

Aparellaje eléctrico, SL, represented by Dr. Ing. M. Curell Suñol,

intervener at first instance,

THE PRESIDENT OF THE COURT,

upon hearing the Advocate General, J. Kokott,

makes the following

Order

1       By letter lodged at the Court Registry on 7 December 2005, Energy Technologies ET SA informed the Court, pursuant to Article 78 of the Rules of Procedure, that it was discontinuing its appeal.

2       By letter lodged at the Court Registry on 21 December 2005, the Office for Harmonisation in the Internal Market (Trade Marks and Designs) took formal notice of the discontinuance and applied, under Article 69(5) of the Rules of Procedure, for an order that Energy Technologies ET SA pay the costs.

3       Under the combined provisions of Article 69(5) and the third paragraph of Article 122 of the Rules of Procedure, Energy Technologies ET SA must be ordered to pay the costs.

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

1.      Case C-197/05 P is removed from the Court’s register.

2.      The appellant shall pay the costs.

Luxembourg, 7 February 2006.

R. Grass

       V. Skouris

Registrar

      President