ORDER OF THE GENERAL COURT (Sixth Chamber)

26 May 2016 (1)

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

In Case T-362/14,

REWE-Zentral AG, established in Cologne (Germany), represented by M. Kinkeldey, S. Brandstätter and A. Wagner, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by I. P. Harrington and P. Bullock, acting as Agents,

defendant,

the other party to the proceedings before the Board of Appeal of EUIPO being

Vicente Gandía Pla, SA, established in Chiva (Spain),

ACTION brought against the decision of the First Board of Appeal of EUIPO of 6 March 2014 (Case R 201/2013-1), relating to opposition proceedings between Vicente Gandía Pla SA and REWE-Zentral AG,

THE GENERAL COURT (Sixth Chamber),

composed of S. Frimodt Nielsen, President, F. Dehousse (rapporteur), A. M. Collins, Judges,

Registrar: E. Coulon,

makes the following

Order

1        By letter lodged at the Court Registry on 8 April 2016, the applicant informed the General Court of an agreement between it and the other party to the proceedings before the Board of Appeal, Vicente Gandia Pla, SA pursuant to which the other party to the proceedings before the Board of Appeal had withdrawn its opposition to the application for registration of the contested mark. Consequently, the applicant considered that the present action had become devoid of purpose and that there was no longer any need to adjudicate on it. The applicant also informed the Court that the other party to proceedings before the Board of Appeal and itself had agreed to bear their own costs in relation to these proceedings.

2        By letter lodged at the Court Registry on 22 April 2016, the defendant raised no objection to the case being declared devoid of purpose. As this situation resulted from a settlement between the owner of the disputed trade mark and the other party, it requested not to be ordered to bear the costs.

3        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 withdrawal of the opposition, the present action has become devoid of purpose. There is therefore no longer any need to adjudicate on the action (order of 3 July 2003 in Lichtwer Pharma v OHIM — Biofarma (Sedonium), T‑10/01, EU:T:2003:182, paragraphs 16 to 18).

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

5        In the circumstances of the present case, the Court considers that the applicant must be ordered to bear the costs.

On those grounds,

THE GENERAL COURT (Sixth Chamber)

hereby orders:

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

2.      REWE-Zentral AG shall bear the costs.

Luxembourg, 26 May 2016.

E. Coulon

        S. Frimodt Nielsen

Registrar

       President