ORDER OF THE GENERAL COURT (Fifth Chamber)

4 April 2016 (1)

(Community trade mark — Invalidity proceedings — Withdrawal of the trade mark — No need to adjudicate)

In Case T-475/15,

L’Oréal SA, established in Paris (France), represented by R. Dissmann, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by A. Kusturović, acting as Agent,

defendant,

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

LR Health & Beauty Systems GmbH, established in Ahlen (Germany), represented by N. Weber and L. Thiel, lawyers,

ACTION brought against the decision of the First Board of Appeal of EUIPO of 21 May 2015 (Case R 1143/2014-1), relating to invalidity proceedings between LR Health & Beauty Systems GmbH and L’Oréal SA,

THE GENERAL COURT (Fifth Chamber),

Composed of A. Dittrich, President (Rapporteur), J. Schwarcz,
V. Tomljenović, Judges,

Registrar: E. Coulon,

makes the following

Order

1        By letter lodged at the Court Registry on 10 February 2016, the defendant informed the Court that the applicant had withdrawn the trade mark at issue and stated that, in its view, there was no longer any need to adjudicate on the present action. Consequently, the defendant requested the Court to declare the case devoid of purpose. It did not seek an order as to costs.

2        By letter lodged at the Court Registry on 23 February 2016, the intervener signified its agreement to the application for a declaration that there was no need to adjudicate. It did not seek an order as to costs.

3        The applicant did not lodge any observations.

4        Pursuant to Article 130 of the Rules of Procedure of the General Court, it is sufficient in the present case to find that, in the light of the withdrawal of the application for registration, the present action has become devoid of purpose. There is therefore no longer any need to adjudicate on it (order of 3 July 2003 in Lichtwer Pharma v OHIM — Biofarma (Sedonium), T‑10/01, EU:T:2003:182, paragraphs 16 to 18).

5        Article 137 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 circumstances of the present case, the Court considers that the applicant must be ordered to bear its own costs, to pay those incurred by the defendant, and those of the intervener.

On those grounds,

THE GENERAL COURT (Fifth Chamber)

hereby orders:

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

2.      L’Oréal SA shall bear its own costs and pay those incurred by the European Union Intellectual Property Office (EUIPO), and those incurred by LR Health & Beauty Systems GmbH.

Luxembourg, 4 April 2016.

E. Coulon

       A. Dittrich

Registrar

       President