ORDER OF THE PRESIDENT OF THE FIRST CHAMBER OF THE GENERAL COURT

12 July 2013 (1)

(Removal from the register)

In Case T-164/13,

Sun Capital Partners, Inc., established in New York (United States), represented by P.-A. Dubois, Solicitor, D. Alexander QC and F. Clark Barrister,

applicant,

v

Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by P. Bullock and N. Bambara, acting as Agents,

defendant,

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

Sun Capital Partners Ltd, established in London (United Kingdom), represented by M. Ellis, Solicitor,

Action brought against the decision of the Second Board of Appeal of OHIM of 14 December 2012 (Case R 784/2010-2) relating to invalidity proceedings between Sun Capital Partners Ltd and Sun Capital Partners, Inc.,

1        By letter lodged at the Registry of the General Court on 18/06/2013, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure that it wished to discontinue proceedings. The applicant informs the Court of the agreement between him and the intervener that there be no order as to costs.

2        By letter lodged at the Registry of the Court on 20 June 2013, the defendant informed the Court that it had no objections to the discontinuance of the proceedings and requested that it should not be ordered to bear the costs.

3        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.

4        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). According to the first subparagraph of Article 87(5) of the Rules of Procedure it is appropriate to grant this application.

5        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 should bear its own costs.

On those grounds,

THE PRESIDENT OF THE FIRST CHAMBER OF THE GENERAL COURT

hereby orders:

1.      Case T-164/13 is removed from the register of the General Court.

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

Luxembourg, 12 July 2013.

E. Coulon

        J. Azizi

Registrar

       President