ORDER OF THE GENERAL COURT (Fourth Chamber)

16 July 2015 (1)

(Community trade mark — Opposition proceedings — Revocation of the contested decision by OHIM — No need to adjudicate)

In Case T-106/15,

Opko Ireland Global Holdings Ltd, established in Dublin (Ireland), represented by S. Malynicz, Barrister and A. Smith, 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

Teva Pharmaceutical Industries Ltd, established in Jerusalem (Israel), represented by G. Farrington, Solicitor,

ACTION brought against the decision of the Fifth Board of Appeal of OHIM of 26 November 2014 (Case R 2387/2014-5), relating to opposition proceedings between Teva Pharmaceutical Industries Ltd and Opko Ireland Global Holdings Ltd,

THE GENERAL COURT (Fourth Chamber),

composed of M. Prek, President, I. Labucka (rapporteur), V. Kreuschitz, Judges,

Registrar: E. Coulon,

makes the following

Order

1        By letter lodged at the Court Registry on 25 June 2015, the defendant informed the Court that by Decision of 12 June 2015, the Fifth Board of Appeal revoked its Decision R 2387/2014-5 of 26 November 2014. Consequently, it considered, relying on Article 113 of the Rules of Procedure of the General Court of 2 May 1991, that the case had become devoid of purpose and therefore there was no need to adjudicate. It further requested the Court that each party be ordered to bear its own costs.

2        By letter lodged at the Court Registry on 2 July of 2015, the intervener confirmed that as the contested decision of the Fifth Board of Appeal of OHIM had been revoked, the case no longer had any purpose and there was no need to adjudicate. It did not seek an order as to the costs of the proceedings.

3        By letter lodged at the Court Registry on 8 July 2015, the applicant notified its agreement to the application of the defendant for a declaration that there was no need to adjudicate. However, the applicant thereby requested an order for costs in its favour, to be paid by OHIM.

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 revocation of the contested decision by OHIM, 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, ECR, 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 to be in the discretion of the Court.

6        In the circumstances of the present case, the Court considers that the defendant must be ordered to pay all the costs.

On those grounds,

THE GENERAL COURT (Fourth Chamber)

hereby orders:

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

2)      The Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) shall pay all the costs.

Luxembourg, 16 July 2015.

E. Coulon

        M. Prek

Registrar

       President