ORDER OF THE PRESIDENT OF THE SIXTH CHAMBER OF THE GENERAL COURT

15 November 2011 (1)

(Removal from the register)

In Case T-135/10,

Pieno žvaigždės AB, established in Vilnius (Lithuania), represented by R. Žabolienė and I. Lukauskienė, lawyers,

applicant,

v

Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by G. Schneider, Agent,

defendant,

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

Fattoria Scaldasole Srl, established in Monguzzo (Italy), represented by P. Pozzi and G. Ghisletti, lawyers,

ACTION brought against the decision of the Second Board of Appeal of OHIM of 18 January 2010 (Case R 1070/2009-2), relating to opposition proceedings between Pieno žvaigždės AB and Fattoria Scaldasole Srl,

1        By letter lodged at the Registry of the General Court on 17 October 2011, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure that it wished to discontinue proceedings.

2        By letter lodged at the Registry of the Court on 3 November 2011, the defendant informed the Court that it had no observations to make concerning the discontinuance of the proceedings and requested that the applicant should be ordered to bear the costs.

3        By letter lodged at the Registry of the Court on 3 November 2011, the other party to the proceedings before the Board of Appeal informed the Court that it had no observations to make concerning the discontinuance of the proceedings and requested that the applicant should be ordered to bear the costs incurred by it.

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.

5        The case should therefore be removed from the register and the applicant ordered to bear its own costs and those of the defendant and the other party to the proceedings before the Board of Appeal.

On those grounds,

THE PRESIDENT OF THE SIXTH CHAMBER OF THE GENERAL COURT

hereby orders:

1.      Case T-135/10 is removed from the register of the General Court.

2.      The applicant shall bear its own costs and those of the defendant and of the other party to the proceedings before the Board of Appeal.

Luxembourg, 15 November 2011.

E. Coulon

        E. Moavero Milanesi

Registrar

       President