ORDER OF THE PRESIDENT OF THE SECOND CHAMBER OF THE COURT OF FIRST INSTANCE

16 June 2008(*)

(Removal from the register)

In Case T-22/08,

Quest Diagnostics Inc., established in Teterboro (United States), represented by R. Niebel and T. Lassmann, lawyers,

applicant,

v

Office for Harmonisation of the Internal Market (Trade Marks and Designs) (OHIM), represented by D. Botis, acting as Agent,

defendant,

the other party to the proceedings before the Board of Appeal of OHIM, intervening before the Court of First Instance, being

ALK-Abelló A/S, established in Hørsholm (Denmark), represented by S. P. Arnesen, lawyer,

ACTION for annulment of decision R 1557/2006-2 of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 25 October 2007, relating to opposition proceedings between Quest Diagnostics Inc. and ALK-Abelló A/S,

1        By letter lodged at the Registry of the Court of First Instance on 17 April 2008, the applicant informed the Court, in accordance with Article 99 of the Rules of Procedure of the Court of First Instance, that it wished to discontinue proceedings and that the question of costs had been the subject of an agreement between the parties, according to which the applicant and the intervener are to bear their own costs.

2        By letter lodged at the Registry of the Court on 26 May 2008, the defendant informed the Court that it had no objection to the discontinuance. However, given the fact that the applicant and the intervener have reached an agreement, the defendant should not be ordered to bear the costs.

3        By letter lodged at the Registry of the Court on 20 April 2008, the intervener confirmed that an agreement has been reached between the applicant and the intervener as set out by the applicant.

4        The first subparagraph of Article 87(5) of the Rules of Procedure provides that a party who discontinues or withdraws from proceedings shall be ordered to pay the costs if they have been applied for in the observations of the other party on the discontinuance. In the present case, the defendant indicated that it should not be ordered to bear the costs.

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

6        The case will therefore be removed from the register and the applicant shall be ordered to bear the costs incurred by the defendant, while the intervener shall bear its own costs.

On those grounds,

THE PRESIDENT OF THE SECOND CHAMBER OF THE COURT OF FIRST INSTANCE

hereby orders:

1.      Case T-22/08 is removed from the register of the Court of First Instance.

2.      The applicant shall bear the costs incurred by the defendant, while the intervener shall bear its own costs.

Luxembourg, 16 June 2008.

E. Coulon

       I. Pelikánová

Registrar

      President