ORDER OF THE PRESIDENT
OF THE THIRD CHAMBER OF THE GENERAL COURT

7 March 2017 (*)

(Removal from the register)

In Case T-117/16,

Isdin, SA, established in Barcelona (Spain), represented initially by G. Macias Bonilla, P. López Ronda, G. Marín Raigal and E. Armero Lavie, and subsequently by V. von Bomhard, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by S. Di Natale and H. O’Neill, acting as Agents,

defendant,

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

Spirig Pharma AG, established in Egerkingen (Switzerland), represented by T. de Haan and P. Péters, lawyers,

ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 20 January 2016 (Case R 1387/2015-4) relating to opposition proceedings between Spirig Pharma AG and Isdin, SA.

1        By letter lodged at the Court Registry on 3 February 2017, the applicant informed the Court, in accordance with Article 125 of the Rules of Procedure of the General Court, that it wished to discontinue proceedings. It sought no order as to costs.

2        By letter lodged at the Court Registry on 8 February 2017, the defendant informed the Court that it had no objection to the discontinuance of the proceedings and requested that the applicant be ordered to bear the costs.

3        By letter lodged at the Court Registry on 8 February 2017, the intervener informed the Court that it agreed with the discontinuance of the proceedings. The intervener requested that the applicant be ordered to pay the costs of proceedings.

4        Article 136(1) of the Rules of Procedure provides that a party who discontinues or withdraws from proceedings is to be ordered to pay the costs if they have been applied for in the other party’s observations on the discontinuance.

5        The case should therefore be removed from the register and the applicant ordered to bear its own costs and to pay those incurred by the defendant and by the intervener.

On those grounds,

THE PRESIDENT OF THE THIRD CHAMBER
OF THE GENERAL COURT

hereby orders:

1.      Case T-117/16 is removed from the register of the General Court.

2.      Isdin, SA shall bear its own costs and pay those incurred by the European Union Intellectual Property Office (EUIPO) and Spirig Pharma AG.

Luxembourg, 7 March 2017.

E. Coulon

        S. Frimodt Nielsen

Registrar

       President