ORDER OF THE GENERAL COURT (Second Chamber)

11 November 2014(1)

(Community trade mark – Cancellation proceedings – Withdrawal of the application for a declaration of invalidity – No need to adjudicate)

In Case T-298/13,

LemonAid Beverages GmbH, established in Hamburg (Germany), represented by U. Lüken and J. Natzel, lawyers and P. Brownlow, Solicitor,

applicant,

v

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

defendant,

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

Prêt à Manger (Europe) Ltd, established in London (United Kingdom), represented by A. Tsoutsanis, lawyer and S. Croxon, Solicitor,

ACTION brought against the decision of the Second Board of Appeal of OHIM of 13 March 2013 (Case R 276/2012-2), relating to cancellation proceedings between Prêt à Manger (Europe) Ltd and LemonAid Beverages GmbH,

THE GENERAL COURT (Second Chamber),

composed of M. E. Martins Ribeiro (Rapporteur), President, S. Gervasoni and L. Madise, Judges,

Registrar: E. Coulon,

makes the following

Order

1        By letter lodged at the Registry of the Court on 13 October 2014, the intervener informed the Court of an agreement between itself and the applicant and that, pursuant to that agreement, it was withdrawing its application for a declaration of invalidity of the contested trade mark. It also informed the Court that, under that agreement, each party was to bear its own costs, including costs of the cancellation proceedings.

2        By letter lodged at the Registry of the Court on 21 October 2014, the defendant informed the Court that, by letter of 14 October 2014, it had itself also been informed of the agreement between the parties. The defendant requested the Court not to order it to pay the costs.

3        By letter lodged at the Registry of the Court on 21 October 2014, the applicant confirmed the existence of an amicable settlement between itself and the intervener, including in relation to costs.

4        Pursuant to Article 113 of the Rules of Procedure of the Court, it suffices in the present case to find that, in the light of the withdrawal of the application for a declaration of invalidity, 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, Lichtwer Pharma v OHIM – Biofarma (Sedonium), T‑10/01, ECR, EU:T:2003:182, paragraphs 16 to 18).

5        Article 87(6) 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 present case, the Court considers that the applicant and the intervener must be ordered to bear their own costs and to pay those incurred by the defendant.

On those grounds,

THE GENERAL COURT (Second Chamber)

hereby orders:

1.      There is no need to adjudicate on the action.

2.

3.      The applicant and the intervener shall bear their own costs and shall each pay half of those incurred by the defendant.

Luxembourg, 11 November 2014.

E. Coulon

        M. E. Martins Ribeiro

Registrar

       President