ORDER OF THE PRESIDENT OF THE SEVENTH CHAMBER OF THE GENERAL COURT

26 June 2014 (1)

(Removal from the register)

In Case T-621/13,

Pell Amar Cosmetics SRL, established in Băile (Romania), represented by E. Grecu, lawyer,

applicant,

v

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

defendant,

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

Alva Management GmbH, established in Icking (Germany), represented by B. Hanika, lawyer,

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 10 September 2013 (R 388/2013-4), relating to opposition proceedings between Alva Management GmbH and Pell Amar Cosmetics SRL.

1        By letter lodged at the Registry of the General Court on 8 May 2014, the applicant informed the Court that due to an agreement reached with the intervener, it wished to discontinue proceedings. In accordance with the agreement concluded between itself and the intervener, each party shall bear its own costs.

2        By letter lodged at the Registry of the Court on 20 May 2014, the defendant informed the Court that it had no observations to make concerning the discontinuance of the proceedings and requested that it should not be ordered to bear the costs.

3        The intervener did not submit any observations.

4        The first subparagraph of Article 87(5) of the Rules of Procedure provides that 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. Further, according to the second subparagraph of Article 87(5) of the Rules of Procedure, where the parties have come to an agreement on costs, the order for costs shall be in accordance with that agreement.

5        By its application that it should not be ordered to bear the costs the defendant essentially submitted that the applicant should be ordered to bear the costs (order of 27 April 2006 in Case T-377/03 ATI Technologies v OHIMAsociación de Técnicos de Informatica (ATI), not published in the ECR, paragraph 6).

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

On those grounds,

THE PRESIDENT OF THE SEVENTH CHAMBER OF THE GENERAL COURT

hereby orders:

1.      Case T-621/13 is removed from the register of the General Court.

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

3.      The intervener shall bear its own costs.

Luxembourg, 26 June 2014.

E. Coulon

        M. van der Woude

Registrar

       President