ORDER OF THE PRESIDENT OF THE SIXTH CHAMBER OF THE GENERAL COURT

10 June 2011(1)

(Removal from the register)

In Case T-522/09,

Gemmi Furs Oy, established in Loviisa (Finland), represented by J. Tanhuanpää, lawyer,

applicant,

v

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

defendant,

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

Lemmi-Fashion Vertriebsgesellschaft mbH & Co. Bekleidungs KG, established in Fritzlar (Germany), represented by S. Gruber, lawyer,

Action brought against the decision of the Fourth Board of Appeal of 21 October 2009 (Case R1372/2008-4) relating to opposition proceedings between Grünstein Product Oy (trading name of Gemmi Furs Oy) and Lemmi-Fashion Vertriebsgesellschaft mbH & Co. Bekleidungs KG.

1        By letter lodged at the Registry of the General Court on 11 May 2011, the applicant informed the Court, in accordance with Article 99 of the Rules of Procedure, that it wished to discontinue proceedings and that the question of costs had been the subject of an agreement between the parties, according to which each party would bear its own costs. It further requested that the Court make no decision as to costs.

2        By letter lodged at the Registry of the Court on 18 May 2011, the defendant informed the Court that it had no objections to raise concerning the discontinuance of the proceedings but, pursuant to Article 87(5) of the Rules of Procedure, requested that the applicant be ordered to bear the costs.

3        By letter lodged at the Court Registry on 25 May 2011 the intervener raised no objections to the discontinuance. It did not apply for costs.

4        The first subparagraph of Article 87(5) of the Rules of Procedure provides that, a party who discontinues or withdraws from proceedings shall be ordered to bear the costs if they have been applied for in the observations of the other party on the discontinuance. In the present case the defendant applied for the applicant to bear the costs.

5        The third subparagraph of Article 87(5) of the Rules of Procedure provides that if costs are not applied for, the parties shall bear their own costs. In the present case, the intervener before the General Court did not apply for costs.

6        The case will therefore be removed from the register and the applicant ordered to bear its own costs as well as those incurred by the defendant. The intervener shall bear its own costs.

On those grounds,

THE PRESIDENT OF THE SIXTH CHAMBER OF THE GENERAL COURT

hereby orders:

1.      Case T-522/09 is removed from the register of the General Court.

2.      The applicant shall bear its own costs as well as those incurred by the defendant.

3.      The intervener shall bear its own costs.

Luxembourg, 10 June 2011.

E. Coulon

       E. Moavero Milanesi

Registrar

      President