ORDER OF THE GENERAL COURT (Ninth Chamber)

8 March 2017 (1)

(European Union trade mark — Opposition proceedings — No need to adjudicate)

In Case T-747/14,

Merck KGaA, established in Darmstadt (Germany), represented by M. Best, U. Pfleghar and S. Schäffner, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by L. Rampini, acting as Agent,

defendant,

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

Société des Produits Nestlé SA, established in Vevey (Switzerland), represented by A. Jaeger-Lenz, A. Lambrecht and S. Cobet-Nüse, lawyers,

ACTION brought against the decision of the First Board of Appeal of EUIPO of 7 August 2014 (Case R 1880/2013-1), relating to opposition proceedings between Société des Produits Nestlé SA and Merck KGaA,

THE GENERAL COURT (Ninth Chamber),

composed of S. Gervasoni, President, L. Madise, K. Kowalik-Bańczyk (Rapporteur), Judges,

Registrar: E. Coulon,

makes the following

Order

1        Following an agreement between the applicant and the intervener, the applicant applied, by letter lodged at the Court Registry on 27 January 2017, for a declaration that the action had become devoid of purpose and that there was no longer any need to adjudicate on this action. The applicant also informed the Court that, under their agreement, the applicant and the intervener were to bear their own costs.

2        By letter lodged at the Court Registry on 16 February 2017, the defendant raised no objection to the case being declared devoid of purpose. As this situation resulted from an agreement between the applicant and the intervener, it requested not to be ordered to bear the costs.

3        By letter lodged at the Court Registry on 7 February 2017, the intervener confirmed the existence of an agreement between itself and the applicant, including a settlement that they were to bear their own costs. Consequently, the intervener also confirmed that the action had become devoid of purpose and that there was no longer any need to adjudicate on it.

4        Pursuant to Article 130 of the Rules of Procedure of the General Court, it is sufficient, in the present case, to find that, the present action has become devoid of purpose and that there is therefore no longer any need to adjudicate on it.

5        Article 137 of the Rules of Procedure provides that, where a case does not proceed to judgment, the costs are to be in the discretion of the Court.

6        In the circumstances of 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 (Ninth Chamber)

hereby orders:

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

2.      Merck KGaA and Société des Produits Nestlé SA shall bear their own costs and shall each pay half of those incurred by the European Union Intellectual Property Office (EUIPO).

Luxembourg, 8 March 2017.

E. Coulon

        S. Gervasoni

Registrar

       President