ORDER OF THE PRESIDENT OF THE EIGHTH CHAMBER OF THE GENERAL COURT

3 September 2013 (1)

(Removal from the register)

In Case T-212/13,

Madaus GmbH, established in Cologne (Germany), represented by V. Töbelmann, A. Späth, lawyers,

applicant,

v

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

defendant,

the other party to the proceedings before the Board of Appeal of OHIM being

Indena SpA, established in Milan (Italy), represented by M. Pierserafino, lawyer,

Action brought against the decision of the First Board of Appeal of OHIM of 24 January 2013 (Case R 21/2012-1), relating to opposition proceedings between Madaus GmbH and Indena SpA,

1        By letter lodged at the Registry of the General Court on 18 July 2013, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure that it wished to discontinue proceedings. It did not seek an order as to costs.

2        By letter lodged at the Registry of the General Court on 31 July 2013, the defendant informed the Court that it had no observations to make concerning the discontinuance of the proceedings and requested that the applicant be ordered to bear the costs.

3        According to the first subparagraph of Article 87(5) of the Rules of Procedure, a party who discontinues is to be ordered to pay the costs if they have been applied for in the observations of the other party on the discontinuance.

4        The case should therefore be removed from the register and the applicant ordered to bear its own costs and those of the defendant.

On those grounds,

THE PRESIDENT OF THE EIGHTH CHAMBER OF THE GENERAL COURT

hereby orders:

1.      Case T-212/13 is removed from the register of the General Court.

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

Luxembourg, 3 September 2013.

E. Coulon

        L. Truchot

Registrar

      President