11 December 2007 (*)

(Removal from the register)

In Case C‑493/06 P,

APPEAL pursuant to Article 56 of the Statute of the Court of Justice, lodged on 30 November 2006,

Tesco Stores Ltd, established in Cheshunt (United Kingdom), represented by E. Kelly, Solicitor, and S. Malynicz, Barrister,

appellant,

the other parties to the proceedings being:

MIP Metro Group Intellectual Property GmbH & Co. KG, established in Düsseldorf (Germany), represented by R. Kaase, Rechtsanwalt,

applicant at first instance,

Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by A. Folliard-Monguiral, acting as Agent,

defendant at first instance,

THE PRESIDENT OF THE FIRST CHAMBER OF THE COURT,

after hearing the Advocate General, D. Ruiz-Jarabo Colomer,

makes the following

Order

1        By letter lodged at the Court Registry on 31 October 2007, Tesco Stores Ltd informed the Court pursuant to Article 78 of the Rules of Procedure that it wished to withdraw its appeal.

2        By letter lodged at the Court Registry on 3 December 2007, OHIM informed the Court that it had no observations to submit on that withdrawal, but that it requested none the less that Tesco Stores Ltd be ordered to pay the costs.

3        In accordance with Article 69(5) in conjunction with the third paragraph of Article 122 of the Rules of Procedure, Tesco Stores Ltd must be ordered to pay the costs.

On those grounds, the President of the First Chamber of the Court hereby orders:

1.      Case C-493/06 P is removed from the Register of the Court.

2.      Tesco Stores Ltd shall pay the costs.

Luxembourg, 11 December 2007.

R. Grass

       P. Jann

Registrar

       President of the First Chamber